Government CI ass-Book 
Young 



Milwaukee Edition 



LIBRARY OF CONGRESS. 

| Chap Copyright No. 

SheH_XKL£ 

UNITED STATES OF AMERICA. 



WISCONSIN EDITION 



THE 

GOVERNMENT CLASS BOOK 



A MANUAL OF INSTRUCTION IN THE PRINCIPLES 

OF CONSTITUTIONAL GOVERNMENT 

AND LAW 



By A 



NDREW W. *YOUNG 



Author of "American Statesman, 11 "Citizen's Manual of 
Government and Law," 1 etc., etc. 



THOROUGHLY REVISED, 1894 

By SALTER S. CLARK 

Counsellor at Law 
WITH SUPPLEMENT -fj £. $ 

Wisconsin— Its State and Local Government 
With the Constitution as Amended 

By a. jr hutton 

Institute Conductor, State Normal School, Whitewater, Wisconsin 



New York 

Maykard, Merrill, & Co 

43, 45, and 47 East Tenth Street 
1896 



V* 1 



COPYBIGHT, 1880, BT CLABK AND MAYNABD. 

Coptbight, 1894, by Maynabd, Mebuill, & Co. 



PREFACE 



The study of the principles of political science is a 
necessary part of a liberal education. In a country 
where the people govern themselves the science of g< >v- 
ernment is a necessary part of a common-school educa- 
tion. In the United States the people elect their own 
law-makers and rulers, establish their own constitu- 
tions, and determine even the fundamental principles 
upon which men shall be governed. The danger of 
entrusting such power to the ignorant lias not failed of 
illustration in our States and cities. Having universal 
suffrage, the people must learn to govern themselves 
for the sake of their own preservation and welfare. 

Nor is a knowledge of the principles of legal science 
less necessary to every citizen. The laws of man know 
as little of mercy as the laws of nature, in that law 
never admits ignorance as an excuse for wrong. It is 
a proof of the essential justice of our system of juris- 
prudence, that so many citizens pass safely through 
life, totally ignorant of the law, and reiving merely 
upon their own sense of what should be. And yet 
every day gives proof that ignorance is always dan- 
gerous. The study of such a work as this will not 
make a youth a lawyer, but it will fix in his mind a 
system of broad principles, which cannot fail to be 
useful practically. 

Though these facts are self-evident, the popular 



4 PREFACE 

study of law and good government has been strangely 
neglected in this and every other country. The aim of 
this book, in supplying a manifest want, is to present, 
in such form as to be used chiefly as a text-book for 
schools, a broad and comprehensive view of the prin- 
ciples of government and law in the United States. 
These principles are substantially the same throughout 
the country, and the young may easily learn the varied 
rights and duties of a citizen in relation to his govern- 
ment and his fellow-men. 

The book is divided into two parts : 

Part I., Principles of Government, is devoted (after 
a few chapters upon general principles), first, to gov- 
ernment by the State, and second, to government by 
the Nation. It is here that the book is believed to 
have its chief advantage over others of its kind. In 
all that we have examined, either one or the other of 
these subjects has been neglected. Some of our Ameri- 
can youth have grown to manhood with so little appre- 
ciation of the political importance of the State, as to 
believe it nothing more than a geographical division ; 
others have placed the State too high, and failed to 
realize the power and dignity of the Nation. In real- 
ity, the National Government, on the one hand, is of 
far greater historic interest and permanent political 
importance, as really governing the future freedom or 
serfdom of the people. On the other hand, the State, 
which says whether the particular individual shall vote, 
what rights of property he shall have, and what shall 
be the punishment for his crimes, enters far more into 
the daily affairs of the single citizen, touches him at 
more points, and is therefore of greater temporary in- 
terest. Both subjects should be studied, and it is of 



PREFACE 5 

especial importance at this time that their relation to 
each other should be clearly presented to the youth of 
the land, for State rights and National rights must 
forever coexist. 

Part II., Principles of Law, contains also two divi- 
sions, the first one presenting the main principles which 
govern the rights and duties of man to man in his 
every-day life, and his varied rights connected with 
personal security, liberty, and property ; and the second 
giving the rules by which the relations of nations to 
each other are regulated. Thus the volume presents a 
general vieAv of the position of the citizen in all the 
relations he may sustain in this country : to his fellow- 
citizen, to his State, to his Nation, and to foreign 
nations. 

Extensive improvements were made by Salter S. 
Clark, Esq., of New York, in the original form of this 
work. Changes and additions had been rendered 
necessary by historic events. A more natural and 
logical order was pursued, with proper subordination 
of topics. Each paragraph of a chapter was confined 
to a single specified subject. Analyses and diagrams 
were added, where appropriate, to be used as black- 
board exercises, with review questions for the use of 
both pupil and teacher. 

The present edition has been carefully revised. 
Very few material changes have been made, but some 
corrections and additions were required to adapt the 
book to present needs. It is confidently hoped that 
this work, tested by long experience, may find as much 
favor in the future as it has received in the past. 

New York, May, 1894. 



ANALYSIS OP CONTENTS 



Part I. — Principles of Government. 
Div. I.— General Principles. 
Div. II.— State Governments. 

Sec. I. — Introductory. 
Sec. II. — Legislative Department. 
Sec. III. — Executive Department. 
Sec. IV. — Judicial Department. 

Div. III.— The National Government. 

Sec. I. — Its Origin and Nature. 
Sec. II. — Legislative Department. 
Sec. III.— Executive Department. 
Sec. IV. — Judicial Department. 
Sec. V. — Miscellaneous Provisions. 

Part II. — Principles of Law. 



r Div. I.— Municipal Law. 

Sec. I.— Civil Rights in General. 
Sec. II. — Contracts. 
Sec. III.— Real Estate. 
Sec. IV. — Criminal Law. 

l Div. II.— International Law. 

Sec. I.— Peaceful Relations of Nations 
Sec. II.— Relations of Nations in War. 



CONTENTS 

PAET I — Principles of Government 

DIVISION I 

General Principles 

CHAPTER PA'JE 

I. Mankind fitted for Society, Government, and Law, 11 
II. Rights, Liberty, and Law, classified, . . 14 

III. Different Forms of Government, . . . .19 

DIVISION II 

State Governments 
SECTION I— INTRODUCTORY 

THEIR BASIS — THE CONSTITUTION: ELECTIONS: THREE DEPARTMENT-; 

IV. Constitutions: Their Nature, Object, and Establish- 

ment, 2.) 

V. Qualifications of Electors, 26 

VI. Elections, 20 

VII. Division of Powers of Government, . . .32 

SECTION II 

LEGISLATIVE DEPARTMENT 

VIII. Legislature: how constituted, . . . .35 

IX. Meetings and Organization, 38 

X. Manner of Enacting Laws, 41 



8 



CONTENTS 



SECTION III 

EXECUTIVE DEPARTMENT 
CHAPTER PAGE 

XI. State Officers, . . 46 

XII. County Officers, 49 

XIII. Town Officers, 56 

XIV. Cities and Villages, 59 

XV. Taxes, 63 

XVI. Education, 67 

XVII. Public Institutions, 72 

XVIII. Militia, 75 

SECTION IV 

JUDICIAL DEPARTMENT 

XIX. Courts, 78 

XX. Legal Proceedings, ....... 82 

DIVISION III 
The National Government 



SECTION I 

ITS ORIGIN AND NATURE 

XXI. Government before the Revolution, 

XXII. The Confederation, . 

XXIII. The Union under the Constitution, 

XXIV. Constitution of the United States, , 



96 
100 
104 



SECTION II 



LEGISLATIVE DEPARTMENT 



XXV. House of Representatives, 

XXVI. Senate 

XXVII. General Legislative Regulations, 

XXVIII. Powers of Taxation, 

XXIX. Power to Regulate Commerce, 

XXX. Other Powers relating to Peace, 

XXXI. Powers relating to "War, . 

XXXII. Prohibitions on the United States, 

XXXIII. Prohibitions on the States, 



130 
134 
137 
140 
143 
147 
155 
160 
163 



CONTENTS 9 

SECTION III 

EXECUTIVE DEPARTMENT 
CHAPTER PAGE 

XXXIV. President and Vice-President: Election, Qualifica- 
tions, etc., 108 

XXXV. Powers and Duties of the President, . . .172 
XXXVI. Auxiliary Executive Departments, . . . .170 

SECTION IV 

JUDICIAL DEPARTMENT 

XXXVII. National Courts and their Jurisdiction, . . .180 
XXXVIII. Treason, 185 

SECTION V 

MISCELLANEOUS PROVISIONS 

XXXIX. Relations of States, 187 

XL. Amendment: Debt: Supremacy: Oath: Test: Rat- 
ification, 190 

XLI. The First Twelve Amendments 193 

XL1I. The 13th, 14th, and 15th Amendments, . . .199 

PART II. — Principles of Law 

DIVISION I 

Municipal Law 

SECTION I 

CIVIL RIGHTS IN GENERAL 

XLIII. Absolute Civil Rights, 205 

XLIV. Relative Civil Rights, 209 

SECTION II 

CONTRACTS 

XLV. Contracts in General, 212 

XLVI. Marriage, 218 



10 



CONTENTS 



CHAPTER PAGE 

XLVII. Principal and Agent, 222 

XLVIII. Partnership, 225 

XLIX. Sales of Personal Property, 228 

L. Gifts: Fraudulent Transfers, 231 

LI. Promissory Notes and Bills of Exchange, . . 233 

LII. Services, . . . 240 

L1II. Insurance, 242 

LIV. Shipping 244 

LV. Interest, 246 

SECTION III 

REAL ESTATE 

LVI. Estates in Real Property, 247 

LVII. Deeds and Mortgages 249 

LVIII. Appurtenances, 252 

LIX. Landlord and Tenant, 255 

LX. Distribution of Property upon Death, . . . 258 

SECTION IV 

CRIMINAL LAW 

LXI. Crimes, 261 



DIVISION II 
International Law 



LXII. 

LXIII. 



SECTION I 

PEACEFUL RELATIONS OF NATIONS 

Nature and Authority of International Law, 
Ordinary Rules of Peace, 



. 272 



SECTION II 

RELATIONS OF NATIONS IN WAR 



LXIV. Causes and Objects of War, 
LXV. Rights and Duties of Belligerents, 
LXVI. Rights and Duties of Neutrals, 



276 

278 
282 



PRINCIPLES 



OF 



Government and Law 

PART I 
Principles of Government 

division I 

General Principles 
CHAPTER I 

MANKIND FITTED FOR SOCIETY, GOVERNMENT, AND LAW 

1. Mankind Social — Men are by nature fitted for 
society. By this we mean that they are naturally 
disposed to associate with each other. They could not 
be happy without such association. Hence we conclude 
that the Creator has designed men for society. 

2. Dependent on Each Other — Man is so formed 
that he is dependent upon his fellow-men. He has 
not the natural strength of some animals. TTe can 
hardly imagine how a man could defend himself 
against the beasts, or even procure the necessaries of 
life, without assistance from his fellow-beings. But 
by means of speech men learn from each other how to 



12 PRINCIPLES OF GOVERNMENT 

supply their wants and improve their social condi- 
tion. 

3. Each Must Support Himself — But, although 
men need the assistance of each other, society is 
so formed that each must take care of himself. If 
every man were fed and clothed from a common 
store provided by the labor of all, many, depending 
upon the labor of others, would be less industrious 
than they now are. By the present arrangement, 
which obliges every man to provide for his own 
wants, more is produced, a greater number are cared 
for, and the general welfare is better promoted than 
if each labored for the benefit of all. 

4. Right of Property — From this arrangement 
comes the right of property. If each man's earnings 
should go into a common stock for the use of all, 
there would be nothing that any one could call his 
own. But if each is to provide for himself, he must 
have a right to use and enjoy the fruits of his own 
labor. 

5. Common to All — But all men in society have the 
same rights. Therefore we cannot rightfully supply 
our own wants or gratify our own desires any further 
than is consistent with the rights of others. But man 
is by nature selfish, and many would infringe the rights 
of others, for their own selfish ends, unless restrained. 
Hence we see the necessity of some fixed rules that 
each one may know what he may do, and what he must 
not do. 

6. Law — These rules for regulating the social actions 
of men are called laws. Zatv, in a general sense, is a 
rule of action, and is applied to all kinds of action ; as, 
the law of gravitation, the laws of chemistry, etc. But 



GENERAL PRINCIPLES 13 

in a limited sense, it denotes the rules of human action 
prescribing what men are to do, and forbidding what 
they are not to do. 

7. Man a Moral Being — We have seen that man is 
fitted for law, because he is designed for society, and 
law is necessary to govern society. By nature, also, 
he is fitted for government and law, because he is a 
moral being. The word moral lias various signil na- 
tions. When we say, a moral man, we mean a virtuous 
or upright man. But in a wider sense it relates to the 
social actions of men, both right and wrong, as when 
we say, his morals are good, or his morals are bad. 
When it is said that man is a moral being, it is meant 
that he has a sense of right and wrong, or at least the 
power of acquiring it. lie knows what is right and 
what is wrong, and he knows that he ought to do the 
right and avoid the wrong. Therefore he is fitted to 
understand why laws are right. 

8. Government Necessary — Thus we have seen that 
men are social, reasonable, and moral beings, and that 
for each one of these reasons they are fitted for society 
and law. But law cannot exist without government. 
Law is a rule of action laid down by the supreme power, 
and if there is no supreme power there can be no law. 
Hence we see the necessity for government. It is not 
probable that people knowingly acted on these prin- 
ciples in first forming governments; that is, deliber- 
ately met together and agreed to have a certain 
government and certain laws. But it is these princi- 
ples that maintain law and government now. 



14 PRINCIPLES OF GOVERNMENT 

CHAPTEK II 

EIGHTS, LIBERTY, AND LAW, CLASSIFIED 

1. Rights — A right is a just claim. We have a right 
to what we have acquired by honest labor, or other 
lawful means, because we are justly entitled to freely 
use and enjoy it. We have a right to our lives, and 
to our freedom; that is, to do whatever we think 
necessary for our own safety and happiness, provided 
we do not trespass upon the rights of others, because it 
would be unjust to deprive us of our lives or freedom. 

2. How Forfeited — But society has its rights also, 
and if we infringe them it is just we should be punished 
by losing some of our own. "We may forfeit them by 
some offence or crime. If, for example, a man is fined 
for breaking a law, he loses his right to the money he 
is obliged to pay. By stealing, he forfeits his liberty, 
and may be justly imprisoned. By committing murder, 
he forfeits his right to life, and may be hanged. 

3. Political Rights — Rights are political or civil. 
Political rights are those which each citizen has with 
reference to sharing in the government. The word 
political, in a general sense, relates to the government. 
The whole body of the people united under one gov- 
ernment is called the political body, or body politic. 
The right of the people to choose and establish for 
themselves a form of government, or constitution, and 
the right to elect persons to make and execute the laws, 
are political rights. The right of voting at elections is 
therefore a political right. Political rights are derived 
from the constitution. Under absolute monarchies, 



GENERAL PRINCIPLES 15 

therefore, where there is no constitution, the people 
have no political rights ; under democracies they have 
more than under any other form of government. 

4. Civil Rights are all those which are not political. 
They are the rights which govern our ordinary, every- 
day actions ; such as, the right to go where we please, 
to do whatever we wish with our own property, or to 
control our children. They are also called natural 
rights, because given to us by nature, or by birth ; and 
sometimes inalienable rights, because they cannot justly 
be taken away from us. They are called cwil because 
they relate to the ordinary duties of a citizen. 

5. Absolute Civil Rights — Civil rights arc either 
absolute or relative. The absolute civil rights are such 
as we have as individuals, as members of society, in 
our relations to all the other members of society. 
They are divided into three classes: the right of j» r- 
sonal security, which is the right to be secure from 
injury to life, body, health, or reputation ; the right of 
personal liberty, which is the right to go wherever we 
please ; and the right of private property, or the right 
to acquire property and enjoy it without disturbance. 
These are often called personal rights, or the rights of 
persons. The term rights of person includes only the 
first two ; viz., the rights of pt rsonal St curity andjjer- 
sonal liberty. Religious rights, which consist in the 
right to worship God in whatever way each one thinks 
best, and to make known and maintain his religious 
beliefs, are absolute rights. 

6. Relative Civil Rights are such as we have in our 
relations to particular persons or classes. They are 
either public or private. The public relative civil 
rights are those we have in our relations to the gov- 



16 PRINCIPLES OF GOVERNMENT 

eminent (except the right to share in it) ; as, the right 
to be protected by it, and the right the government 
and its officers have to our obedience. The private 
relative civil rights are such as are connected with the 
four relations of husband and wife, parent and child, 
guardian and ward, and employer and employed ; as, 
the right of the parent to be obeyed by the child, or 
the right of the wife to be supported by her husband. 

7. Liberty is the being free to exercise and enjoy 
our rights, aud is called natural, political, civil, or 
religious, according to the particular class of rights 
referred to. Thus the exercise of rights guaranteed 
by the constitution or political law is called political 
liberty. The free enjoyment of rights secured by the 
civil or municipal laws is called civil liberty. And free- 
dom of religious opinion and worship is called religious 
liberty. Freedom of speech and freedom of the press 
mean the liberty to speak and print whatever we 
choose, provided we do not abuse the right. 

8. Law — It is easy to see that it makes little dif- 
ference how many rights a man has, unless there is 
some power to insure him the liberty to enjoy them. 
The object of law is to secure to all men the various 
kinds of rights we have described. It has different 
names, corresponding to the kinds of rights which it 
protects; as, the political law, which secures our polit- 
ical rights, and the civil or municipal law, which 
secures our civil rights. The word municipal was 
used by the Eomans to designate that which related 
to a municiphim ; i.e., a free town, or city. And so, 
often, we use the term municipal law as denoting the 
law that relates to cities or towns, but here it is used 
in a broader sense, and includes the body of laws 



GENERAL PRINCIPLES 17 

which prescribe what we may, or must not, do, and is 
equivalent to civil lavj* The constitution is the polit- 
ical law ; the body of laws governing the ordinary 
actions of men is the civil or municipal law ; and the 
rules which regulate the intercourse of nations consti- 
tute international law. 

9. The Moral Law is that which prescribes man's 
duties not only to his fellow-men, but also to God- It 
is briefly expressed in the decalogue, or ten command- 
ments, and is still more briefly summed up in the two 
great commandments, to love God with all our heart, 
and to love our neighbor as ourselves. It is sometimes 
called the divine law, because God is its author; and 
the revealed law, or law of revelation, because it is 
revealed to man in the Scriptures. As a rule of con- 
duct it is also the same as the law of nature, the only 
difference between them being in their origin ; the 
former, the revealed law, coming directly from God, 
and the latter, the law of nature, coming from nature — 
that is, our own consciousness in its perfect state. 

10. Broader than Civil Law — Although the moral 
law is a perfect rule of action, to which all human laws 
ought to conform, yet the civil law does not, and can- 
not, embrace all that the moral law does. The moral 
law is directed not only to the outward acts, but also 
to the thoughts and intents of the heart. It requires 
us to love our Creator supremely, and our neighbor as 
ourselves ; in other words, to do to others as we would 
that they should do to us. But as the omniscient God 
only knows when men fail in these duties, no human 

* Care must be taken to distinguish the term, as used in this con- 
nection, from the Civil Law, a name for the old Roman law. 
2 



18 



PRINCIPLES OF GOVERNMENT 



authority could enforce such a law. Human laws, 
therefore, have respect chiefly to the outward acts of 
men, and are designed to regulate their intercourse 
with each other. 



Rights of Citizens 
I. POLITICAL ; these are 

1. Right of all to establish a government, and 

2. Right of each to share in it, by voting. 

II. CIVIL ; these are 

1. Absolute ; they are the right of 

( 1. Personal Security, 
■< 2. Personal Liberty, and 
( 3. Private Property. 

2. Relative? these are 
" 1. Public ; they are 

1. Right of people to protec- 
tion of government, and 

2. Right of government to 
obedience of people. 

2. Private ; arising from relations of 

1. Husband and wife, 

2. Parent and child, 

3. Guardian and ward, and 

4. Employer and employed. 



GENERAL PRINCIPLES 19 

CHAPTER III 

DIFFERENT FORMS OF GOVERNMENT 

1. Patriarchal Government — Governments have 
existed in a great variety of forms. Most existing 
governments are, more or less, mixtures of the differ- 
ent kinds. The earliest governments of which we 
have any knowledge are the patriarchal. Patriarch, 
from the Greek pater, father, and cwchos, chief, or head, 
means the father and ruler of a family. This kind of 
government prevailed in the early ages of the world, 
and is the form adapted to a state of society where the 
people dwell together in families or tribes, and are not 
yet formed into states or nations. Abraham was a 
patriarchal ruler. 

2. Theocracy — After their departure from Egypt, 
the government of the Hebrews was a theocracy. This 
word is from theos, God, and kratos, power, and sig- 
nifies a government by those who are also the relig- 
ious rulers, or, as it is claimed, by the immediate direc- 
tion of God. The laws by which they were governed 
they believed were given to them on Mount Sinai by 
God himself, their leader and king. 

3. Most Common Forms — But the most common 
forms of government are monarchy, aristocracy, and 
democracy. Many claim that all kinds of government 
may be reduced to one of these three. For example, 
the patriarchal government is but a kind of monarchy. 
The power of government is, in a general sense, called 
the supreme power, or sovereignty. 

4. Monarchy — The form of government in which 



20 PRINCIPLES OF GOVERNMENT 

the supreme power is in the hands of one person is 
called a monarchy. The word monarch is from two 
Greek words, monos, sole or only, and archos, a chief ; 
and is a general name for a single ruler, whether he 
be called king, emperor, or prince. A government in 
which all power resides in or proceeds from one person 
is an absolute monarchy. If the power of the monarch 
is restrained by laws or by some other power, it is 
called a limited monarchy. The English Government 
is a limited monarchy. A monarchy is called hered- 
itary in which the crown passes from father to son, or 
from the monarch to his successor, by inheritance. 
On the death of a sovereign, the eldest son is usually 
heir to the crown. A monarchy is elective where, on 
the death of the ruler, his successor is appointed by an 
election. Only a few such monarchies have existed. 

5. Despotism — An absolute monarchy is sometimes 
called despotism. The words despot and tyrant at first 
meant simply a single ruler. They are now applied, 
for the most part, to rulers who exercise authority 
over their subjects with severity. In an absolute des- 
potism, the monarch has entire control over his sub- 
jects. They have no law but the will of the ruler, who 
has at command a large force of armed men to keep 
his people in subjection. The governments of Kussia 
and Turkey are more despotic than any others in 
Europe. 

6. Aristocracy is the form of government in which 
the power is exercised by a privileged order of men, 
distinguished for their rank and wealth. The word 
aristocracy is from the Greek word aristos, best, and 
kratos, power, or krateo, to govern ; and meant, orig- 
inally, government by the best men. It is also used 



GENERAL PRINCIPLES 21 

for the nobility of a country under a monarchical gov- 
ernment. Nobles are persons of rank above the com- 
mon people, and bear some title of honor. The titles 
of the English nobility are duke, marquis, earl, vis- 
count, and baron. These titles are hereditary, being 
derived from birth. In some cases they are conferred 
upon persons by the king. 

7. Democracy is government by the people ; the 
word democracy being from the Greek demos, the 
people, and krateo, to govern. In a government purely 
democratic, the great body of freemen meet in one 
assembly to make and execute the laws. There were 
some such governments in ancient Greece; but they 
necessarily comprised small territories, scarcely more 
than a single town. The freemen of a state could not 
all meet in a single assembly. 

8. A Republic is that kind of democracy in which 
the power to enact and execute the laws is exercised 
by representatives, who are persons elected by the 
people to act for them. The people not only enact the 
laws and execute them through the representatives 
whom they elect, but also adopt their own constitution 
or form of government, and thus all power comes from 
the people, the government being properly called a 
representative democracy. A republic is sometimes also 
called a commomoealth^ because its object is the com- 
mon happiness of all. 

9. In this Country the people are everywhere under 
two governments, the State and the National Govern- 
ment. The United States is a republic, and so, also, 
is each State. Each State has given up to the Nation 
those powers and duties which naturally belong to a 
nation in its relations with foreign powers, as the 



22 PRINCIPLES OF GOVERNMENT 

right to make war or treaties, and also has given up 
the power to make laws on subjects in which all the 
people in the country are interested together, as com- 
merce, the coining of money, and patents. But the 
State retains all the powers it has not given up, and 
both State and National Governments are independent 
of each other, each in its own sphere. The Territories, 
until they become States, are under the United States 
Government. It grants them, to a certain extent, 
through Congress, self-government, on the plan of the 
State governments, but it can take it away at any 
time. 

Kinds of Government 

I. Monarchy ; this may be, 
" 1. As to Power, 

1. Absolute, or 

2. Limited. 
2. As to Title, 

1. Hereditary, or 

2. Elective. 
II. Aristocracy; 

III. Democracy ; this may be, 

1. Pure Democracy, or 

2. Republic. 



DIVISION II 
State Governments 

SECTION I.— INTRODUCTORY 

Their Basis, the Constitution; Elections; Three Depart- 
ments 



CHAPTER IV 

constitutions : THEIR nature, object, and estab- 
lishment 

1. Republic the Best Government — Of all the 

different forms of government which have existed, a 
republican government, on the plan of that which lias 
been established in this country, is believed to be best 
adapted to secure the liberties of a people, and to pro- 
mote the general welfare. Under the reign of a wise 
and virtuous ruler, the rights of person and property 
may be fully enjoyed, and the people may be in a good 
degree prosperous. But the requisite virtue and wis- 
dom combined have seldom been found in any one 
man (i.e., a monarchy), or a body of men (i.e., an 
aristocracy). And, as we in this country believe, ex- 
perience has proved that the objects of civil govern- 
ment may be best secured by a written constitution 
founded upon the will or consent of the people. Each 
State in the Union has such a constitution, and the 
Nation itself has one. 



2± STATE GOVERNMENTS 

2. Constitution — The word constitute is from the 
Latin, and signifies to set, to fix, to establish. Consti- 
tution, when used in a political sense, means the estab- 
lished form of government of a state. In a free 
government, like ours, it is properly called the political 
law, being established by the people as a body politic. 
(Page 16, § 8.) It is also called the fundamental law, 
because it is the foundation of all other laws of the 
state, and of all the powers of the state, legislative, 
executive, and judicial. 

3. Nature — A constitution is in the nature of an 
agreement between a whole community, or body politic, 
and each of its members. This agreement or contract 
implies that each one binds himself to the whole, and 
the whole binds itself to each one, that all shall be 
governed by certain law x s and regulations for the com- 
mon good. 

4. Convention — In forming a constitution, the peo- 
ple must act collectively. But their number is too 
large to meet in a single assembly. Therefore they 
choose a small number to act for them. One or more 
are chosen in each county, or smaller district, and are 
called delegates. A delegate is a person appointed by 
another with power to transact business as his repre- 
sentative. The assembly composed of the delegates so 
elected is called a convention, a name given to most 
public meetings other than legislative assemblies. The 
convention draws up in proper form a paper contain- 
ing the fundamental laws and general form of govern- 
ment, under which it thinks the people wish to be 
governed. 

5. Adoption by People — But what has thus been 
prepared by the convention is not yet a constitution. 



INTRODUCTORY 25 

It is only a draft of one, and cannot, in general, be- 
come a constitution without the consent of the people 
to be given at an election. If a majority of the per- 
sons voting at such election vote in favor of the 
proposed constitution, it is adopted, and becomes the 
constitution of the State. 

6. Amendment — A constitution usually provides for 
its own amendment. Amendments are, generally, pro- 
posed and passed by the legislature, sometimes on two 
successive years, and then submitted to the people. 

7. Value — One of the most valuable rights of the 
people under a free government is the right to have a 
constitution of their own choice. Indeed, it is in this 
right that their freedom principally consists. It is 
by the constitution that their rights are secured. The 
legislature can pass no laws that the constitution for- 
bids, and if they should enact unjust and oppressive 
laws, the people, having by their constitution reserved 
the right to displace them, may do so by electing 
others in their stead.* 

8. Other Governments — In an absolute monarchy 
the people have neither the right to establish their 
own form of government, nor the right to elect their 
law-makers. The will of the monarch is the only law. 
In a limited monarchy they have some political rights. 
In Great Britain the people elect representatives to the 
House of Commons, which is the most important part 

*It would seem to follow from this that the people of any State, 
having the right to select their own form of government, might, if 
they wished, choose any form ; for example, a monarchy. But it 
must be remembered that this country is a nation, and not a collec- 
tion of States, and that the United States Constitution has guaran- 
teed to every State in the Union a republican government, or, in 
other words, forbidden any other form. 



26 STATE GOVERNMENTS 

of the legislature ; but they did not originally establish 
the form of government. The English have no written 
constitution. What is called the English constitution 
consists of the body of fundamental laws, principles, 
and customs which in the course of centuries have 
become securely fixed. But Parliament, the English 
law-making body, has the power to make any law it 
sees fit. 



CHAPTER V 

QUALIFICATIONS OF ELECTORS 

1. Electors — One of the first provisions usually 
inserted in the constitution of a free state is that 
which declares who shall be allowed to take a part in 
the government ; that is, to whom the political power 
shall be intrusted. The political power of the people 
consists chiefly in the right to vote, called the right 
of suffrage. The constitution regulates this, and does 
not give it to every one in the state, but only to such 
as are qualified to exercise it understandingly. Those 
who have the right of suffrage are called electors* 
When, therefore, we speak of the people politically, we 
mean those only who are qualified electors. 

2. Age — An elector must be twenty-one years of 
age. Before that age young men have not the neces- 
sary knowledge and judgment to act with discretion. 
Some are competent at an earlier age ; but a constitu- 
tion can make no distinction between citizens. It has, 
therefore, in accordance with the general opinion, fixed 
the time at the age of twenty-one when men shall be 

* These are not Presidential Electors. The word is used here in a 
general sense. For Presidential Electors, see page 169. 



INTRODUCTORY 27 

deemed capable of exercising the rights and perform- 
ing the duties of freemen. 

3. Sex — It is a general rule that no female can vote, 
although the question has been settled in some States 
in favor of female suffrage. 

4. Residence — That a man may vote understand- 
ing! v, he must have resided long enough in the State 
to have become acquainted with its government and 
laws, and to have learned the character and qualifica- 
tions of the persons for whom he votes. State con- 
stitutions therefore require that electors shall have 
resided in the State for a specified period of time, vary- 
ing, however, in the different States from three months 
to two years. In most of the States they must also 
have resided for some months in the county or district, 
and be residents of the town in which they offer to v< >te. 

5. Aliens — Persons born in foreign countries are 
aliens, and have no right to vote, though residing here. 
They are presumed to have too little knowledge of our 
government, and to feel too little interest in public 
affairs, on their first coming hither, to be duly quali- 
fied for the exercise of political power. Laws, however, 
have been enacted for naturalizing aliens after they shall 
have resided here long enough to become acquainted 
with and attached to our government. By naturaliza- 
tion they become citizens, entitled to all the privileges 
of native or natural-born citizens except election to the 
office of President or Vice-President. (See page 148.) 

6. Criminals — It is provided also in State constitu- 
tions that electors convicted of infamous crimes are 
disfranchised. Franchise is a right or privilege. The 
right of voting is called the elective franchise ; and 
an elector when deprived of this privilege is dls- 



28 STATE GOVERNMENTS 

franchisee!. Men guilty of high crimes are deemed 
unfit to be intrusted with so important a duty as that 
of electing the persons who are to make and execute 
the laws of the State. It is provided, however, that if 
such persons are pardoned before the expiration of the 
term for which they were sentenced to be imprisoned, 
their forfeited rights are restored. 

7. Idiots and lunatics have no right to vote, for the 
reason that they cannot use it understandingly. 

8. Property — In general it is not now necessary for 
an elector to own property. By the earliest constitu- 
tions of many of the old States, electors were required 
to own property, or to have paid rents or taxes, to a 
certain amount. In the constitutions of the newer 
States, and the amended constitutions of the old States, 
property has not been made a qualification of an elector. 
In many States, however, paupers have no vote. 

9. Color — There is now no distinction of color in 
the right to vote, and the negro has the same privilege 
as the white man in all the States. Up to the adoption 
of the fifteenth amendment to the Constitution of the 
United States, in 1870, colored people, whether slave 
or free, could not vote in the Southern States, and in 
only three or four of the Northern States. 

Eecent laws have greatly restricted the immigration 
of the Chinese. They have no political rights in this 
country. 

Thus it will be seen that while all the people in a 
State have civil rights, less than half have political 
rights. 



INTROD UCTOR Y 29 

CHAPTER VI 

ELECTIONS 

1. When Held — For the convenient exercise of 
political power, as well as for the purposes of govern- 
ment generally, the territory of a State is divided into 
districts of small extent. A State is divided into 
counties, and these are divided into towns or town- 
ships. The people of every county and every town 
have power to manage their local concerns. The 
electors of the State meet every year in their respective 
towns for the election of officers. Governors in most 
of the States are elected every two or four years, hut 
many officers elected by the people are chosen every 
year. All the electors of the State may vote for State 
officers, but only residents of the respective towns or 
counties can vote for the town and county officers. 
In most States the general State election is held in 
October or November. 

2. Inspectors of Election — Elections are conducted 
by persons designated by law, or chosen by the electors 
of the town, for that purpose. It is their duty to pre- 
serve order, and to see that the business is properly 
done. They are usually called judges of election or in- 
spectors of election. Persons also (usually two) serve 
as clerks. Each clerk keeps a list of the names of the 
persons voting, which is called &pollZist. Poll, which 
is said to be a Saxon word, signifies head, and has come 
to mean person. By a further change it has been made 
to signify an election or the place where the voting is 
done. 



30 STATE GOVERNMENTS 

3. Voting — The polls, i.e., the voting places, are gen- 
erally open one day, from sunrise to sunset. The in- 
spectors receive from each voter a ballot, which is a 
piece of paper containing the names of the persons 
voted for, and the title of the office to which each of 
them is to be elected. The voting in most of the 
States is by ballot, but in one or two it is viva voce ; 
that is, by the elector speaking the name of the person 
for whom he votes. 

4. Challenging- — If no objection is made to an 
elector's voting, the ballot is put into the box and the 
clerks enter his name on the poll-list. If the inspec- 
tors suspect that a person offering to vote is not a 
qualified elector, they may question him upon his oath 
in respect to his age, the term of his residence in the 
State and county, and citizenship. Any bystander also 
may question his right to vote. This is called challeng- 
ing. A person thus challenged is not allowed to vote 
until the challenge is withdrawn, or his qualifications 
are either proved by the testimony of other persons or 
sworn to by himself. 

5. Registration — In a few States the voters are 
registered, especially in the large cities. A list is made 
some days before the election, of the names of all who 
present themselves and, upon examination, are shown 
to be qualified electors ; and those only whose names 
have been registered are allowed to vote on election- 
day. Thus many interruptions to voting by the exami- 
nation of voters at the polls, and much illegal voting, 
are prevented. 

6. Canvassing — After the polls are closed, the box 
is opened and the ballots are counted. This is called 
canvassing the votes. If the number of ballots agrees 



INTRODUCTORY 31 

with the number of names on the poll-lists, it is pre- 
sumed no mistake has been made either in voting or 
in keeping the lists. If there are more ballots than 
names, in some States the election will be void, in 
others a number of ballots equivalent to the excess will 
be drawn out and destroyed. If the election is one for 
the choosing of town officers, it is there determined 
who are elected, and their election is publicly declared 
The election of county and State officers cannot be 
determined by the town canvassers. A statement of 
the votes given in each town for the persons voted for 
is sent to the county canvassers, who, from the returns 
of votes from all the towns, determine and declare 
the election of the officers chosen for the county. To 
determine the election of State officers, and of such 
others as are elected lor districts comprising more than 
one county, a statement of the votes given for the 
several candidates is sent by the several boards of 
county canvassers to the State canvassers, who, from 
the returns of votes from the several counties, deter- 
mine the election of the State officers. 

7. Number Necessary — In most of the States per- 
sons are elected by a plurality of votes. An election 
by plurality is when the person elected has received a 
higher number of votes than any other, though such 
number be less than half of all the votes given. Sup- 
pose, for example, three candidates receive 1,000 votes : 
one receives 450 ; another, 300 ; the third, 250 votes. 
The first, having the highest number, though not a 
majority, is elected. In most of the States of Xew 
England a majority — that is, more than one half of all 
the votes given — is necessary to the election of many 
of the higher officers. The least number of votes out 



32 STATE GOVERNMENTS 

of 1,000, by which a person can be elected by this rule, 
is 501. 

8. Objections — Either of these modes is open to 
objection. When a simple plurality effects an election, 
1,000 votes may be so divided upon three candidates as 
to elect one by 33-1 votes ; or of four candidates, one 
may be elected by 251 votes, and against the wishes of 
nearly three fourths of the electors. The objection to 
the other mode is that if no person receives a majority 
of all the votes, another election must be held. Nu- 
merous trials have, in some instances, been necessary 
to effect a choice; and the people of a district have 
remained for a time without a representative in the 
State or national legislature. 



CHAPTER VII 

DIVISION OF POWERS OF GOVERNMENT 

1. Three Departments — Government is divided into 
three distinct divisions, or, in other words, sovereign 
power may be exercised in three directions : in making 
laws, in enforcing them, and in judging whether par- 
ticular cases come under certain laws. In all free 
countries these powers are exercised by three separate 
departments, called the legislative, executive, and judi- 
cial departments. In a monarchy, though they may 
exist, the other two are more or less under the control 
of the executive department, the monarch. In this 
country the three departments exist in every State and 
are kept distinct from each other. 

2. Legislative — The legislative department is that 
by which the laws of the State are made, and is called 



INTRODUCTORY 33 

the legislature. Its object is to make such laws as are 
not embodied in the constitution. The constitution 
establishes not only the form and the departments of 
government, but also certain broad principles of law, 
which the legislature cannot violate ; but it leaves to 
the legislature the making of the particular laws to 
carry out those principles in detail, and there are many 
subjects on which the legislature is unrestrained. It 
would be impossible for a State to adopt, as a constitu- 
tion, a system of laws that would not need change and 
addition. 

3. Its Divisions — The legislature is com) >osed of two 
bodies, or houses, as they are called, the members of 
each being elected by the people. Both must agree to 
a measure before it becomes a law. In limited mon- 
archies where one branch of the legislature is elective, 
the other is an aristocratic body, composed of men of 
wealth and dignity, as the British House of Lords. 

4. Executive — The executive depart ment is intrusted 
with the power of executing, or carrying iuto effect, 
the laws of the State. Its principal officer is a gov- 
ernor, who is elected by the people. He is assisted by 
a number of other officers, some of whom are elected 
by the people ; others are appointed in such manner as 
the constitution or laws prescribe. 

5. Judicial — The judicial department is that by 
which justice is administered to the citizens. Its duty 
is to decide the meaning of laws, and whether particu- 
lar cases fall within them. It embraces the several 
courts of the State. All judges and justices of the 
peace are judicial officers. 

6. Separation — Experience has shown the propriety 
of dividing the civil power into these three depart- 

3 



34 STATE G0VERN3IENTS 

ments, and of confining the officers of each department 
to the powers and duties belonging to the same. 
Those who make the laws should not exercise the 
power of executing them ; nor should they who either 
make or execute the laws sit in judgment over those 
who are brought before them for trial. It would give 
too much power to one, and would endanger the lib- 
erty of the people. Yet in many instances this prin- 
ciple is violated to a degree. In many States the gov- 
ernor must approve a measure before it can become a 
law, and thus he has legislative power. In some he 
appoints the judges, and so has judicial power. 



Departments of Government 

I. LEGISLATIVE — Law.Making : consists of 

1. Senate, 

2. House of Eepresentatives, and 

3. Governor (in many States). 

II. EXECUTIVE — Law-Executing : represented 

by 

1. Governor, and 

2. All other executive officers. 

III. JUDICIAL — Law-Interpreting and Ap- 
plying : consists of 



All the judges. 



LEGISLATIVE DEPARTMENT 35 



SECTION II— LEGISLATIVE DEPARTMENT 

CHAPTER VIII 
legislature: how constituted 

1. Two Houses— The legislature of every State in 
the Union is composed of two houses — a senate and 
a house of representatives, sometimes called the »j>j>< r 
and lower house* In most of the States the two houses 
together are called the general asst mbly. 

a. Senate 

2. Character — The senate, as well as the other 
house, is a representative body, its members being 
elected by the people to represent them. It is a much 
smaller body than the lower house, and consists, gen- 
erally, of from twenty-five to fifty members in the 
different States. It was designed to be, and is, a more 

* Though both are representative bodies, only the lower house is 
called the " House of Representatives." The reason for this may be: 
Under the governments of the Colonies, while yet subject to Great 
Britain, there was but one representative assembly. The other 
branch of the legislature was called a council, consisting of a small 
number of men who were appointed by the King. After the Colo- 
nies became free and independent States, the senate was substituted 
for the old council, and the other house kept its old name. 

The lower house in the States of Xew York, Wisconsin. Nevada, 
and California, is called the assembly; in Maryland, Virginia. .and 
West Virginia, the house of delegates; in North Carolina, the house 
of commons ; and in New Jersey, the general assembly. 



36 STATE GOVERNMENTS 

select body, composed of men chosen with reference to 
their superior ability or their greater experience in 
public affairs. 

3. Terms — Senators are chosen for terms of four 
years in about half the States ; in the rest for terms 
of one, two, or three years. In most of the States in 
which senators are elected for longer terms than one 
year, they are not all elected at the same time. They 
are divided into classes, and those of one class go out 
of office one year, and those of another class another 
year ; so that only a part of the senators are elected 
every year, or every two, or three, or four years. 

4. Apportionment — This means the division of the 
State into portions ; from each portion its inhabitants 
elect one senator. Senators are differently apportioned 
in different States. In some States they are appor- 
tioned among the several counties, so that the number 
to be elected in each county shall be in proportion to 
the number of its inhabitants. In others they are 
elected by districts, equal in number to the number of 
senators to be chosen in the State, and a senator is 
elected in each district. The districts are to contain, 
as nearly as may be, an equal number of inhabitants, 
and sometimes they comprise several counties. 

h. House of Representatives 

5. Character — This house also is elective, and is a 
larger body than the senate. It consists, generally, of 
from one hundred to two hundred members in the 
different States. 

(>. Terms — In most of the States members are 
elected for two years' terms ; in the others, chiefly the 
Eastern States, annually. 



LEGISLATIVE DEPARTMENT 37 

7. Apportionment — Since the number of represen- 
tatives is much larger than that of senators, the dis- 
tricts from which they are elected will, in the same 
State, be much smaller. Representatives are appor- 
tioned among the counties in proportion to the popu- 
lation in each. In some States they are elected in 
districts of equal population, counties being sometimes 
divided in the formation of districts. In the New 
England States representatives are apportioned among 
the towns. 

c. Provisions affecting both 

8. Census — The different modes of apportioning 
members of the legislature have in view the suwm^ 
object— equal representation; that is, giving a mem- 
ber to the same number of inhabitants throughout the 
State. But in some counties the population increases 
more rapidly than in others. The representation then 
becomes unequal, being no longer in proportion to 
population. In order to keep the representation 
throughout the State as nearly equal as possible, the 
constitution requires that, at stated times, the people of 
the State shall be numbered, and a new apportionment 
of senators and representatives be made among the 
several counties according to the number of inhabitants 
in each county ; or if the State is one in which mem- 
bers of the legislature are chosen in districts, a new 
division of the State is made into districts. This 
enumeration or numbering of the people is called the 
census, and is taken in some States every ten years, in 
others of tener. But many States depend on the census 
which the United States takes every ten years. 

9. Qualifications — The constitution also prescribes 



38 STATE GOVERNMENTS 

the qualifications of senators and representatives. If, 
as qualifications for an elector, full age, citizenship, 
and a considerable term of residence in the State and 
county are properly required, as we have seen (page 
26), they must be at least equally necessary for those 
who make the laws. In no State, therefore, are any 
but qualified electors eligible to the office of senator or 
representative. In some States greater age and longer 
residence are required ; and in some the age and term 
of residence have been still further increased in the 
case of senators. The property qualification formerly 
necessary for members of the legislature, as well as for 
voters, has been almost entirely abolished. 

10. Vacancy — If a member of the legislature dies 
or resigns his office before the expiration of the term 
for which he was chosen, the vacancy is filled by the 
election of another person at the next general election, 
or at a special election called for that purpose, or in 
such other manner as the constitution may provide. 
But a person chosen to fill a vacancy holds the office 
only for the remainder of the term of him whose place 
he was chosen to supply. 

11. Salary — Each member has a salary, fixed bylaw. 



CHAPTER IX 

MEETINGS AND ORGANIZATION 

1. How Often — The legislature meets as often as 
the constitution requires : in about half of the States 
annually, in the others biennially, or once in two 
years. A legislative session includes the daily meet- 
ings of a legislature from the time of its first assem- 



LEGISLATIVE DEPARTMENT ."/> 

bling to the day of final adjournment. Thus we say 
the session commenced in January and ended in 
March. The word session has reference also to a 
single sitting, from the hour at which the members 
assemble on any day to the time of adjournment on 
the same day. Thus we say the legislature holds a 
daily session of four hours; or, it holds two sessions 
a day, as the case may be. 

2. Place — Meetings of the legislature are held at a 
certain place permanently fixed by law of the State, 
at which the principal State officers keep their offices. 
Hence it is called the seat of government, or, perhaps 
more frequently, the capital of the State. Capital is 
from the Latin caput, the head, and lias come to mean 
chief, or the highest. In this country the word capi- 
tal, applied to a city, now generally indicates the seal 
of government. 

3. Organization — When the two houses have assem- 
bled in their respective chambers, and the oath of office 
has been administered, each house proceeds to organist . 
This consists in appointing proper officers, and in deter- 
mining the right of members to their seats. Each In >use 
is the sole judge of who has been elected to it. The 
first officer elected is the presiding officer, or chairman, 
who is usually called speaker. The lieutenant-gover- 
nor, in States in which there is one, presides in the sen- 
ate, and is oaRedpresidt rti of the senate. In the absence 
of the presiding officer, a temporary speaker or presi- 
dent is chosen, who is called speaker, or president, pro 
tempore, commonly abbreviated pro tern., which is a 
Latin phrase, meaning /'o^ the time. 

4. Presiding- Officer's Duty — The duty of the per- 
son presiding is to keep order and to see that the busi- 



40 STATE GOVERNMENTS 

ness of the house is conducted according to certain 
established rules. When a vote is to be taken he puts 
the question, and when taken he declares the question 
to be carried or lost. This part of the speaker's busi- 
ness is similar to that of the chairman of an ordinary 
public meeting. 

5. Minor Officers — The other officers chosen by each 
house are : a clerk, to keep a record or journal of its 
proceedings, to take charge of papers, etc. ; a sergeant- 
at-arms, to arrest members and other persons guilty of 
disorderly conduct, to compel the attendance of absent 
members, and to do other business of a like nature ; 
also one or more door-keepers. The officers mentioned 
in this section are not chosen from the members of the 
house. 

6. Quorum — The constitution determines what por- 
tion of the members shall constitute a quorum to do 
business, i.e., how many must be present. Quorum is 
the Latin of the English words of whom, and has 
strangely come to signify the number or portion of 
any body of men who have power to act. In most 
States a majority will constitute a quorum ; in some a 
greater number is required, two-thirds or three-fifths. 

7. Proceedings Open — Constitutions generally re- 
quire also that the proceedings of legislative bodies 
shall be open to public inspection. The doors may be 
closed against spectators only when the public good 
shall require secrecy. And that the people may be 
fully informed of what is done, each house is required 
to keep and publish a journal of its proceedings. 

8. Interruptions — Provision is also made, either by 
the constitution or by law, against injury or interrup- 
tion to the business of the legislature. Members may 



LEGISLATIVE DEPARTMENT 41 

not, by any prosecution at law, except for crimes and 
misdemeanors, be hindered during their attendance 
at the sessions of the legislature, nor in going to or 
returning from the same. Each house may compel 
the attendance of absent members. It may for good 
cause expel a member and punish not only its mem- 
bers and officers, but other persons, for disorderly con- 
duct or for obstructing its proceedings. 



CHAPTER X 

MANNER OF ENACTING LAWS 

1. Power — The legislature of every State has power 
to enact any law, on any subject, nol forbidden by the 

Constitution of the United States or its own constitu- 
tion, and not at variance with any law of Congress. 
In this particular the extent of its power is broader 
than that of Congress, for the latter can Legislate only 
on the particular subjects named in the United States 
Constitution. The subjects which the United States 
Constitution forbids to the State legislatures will be 
found in a later chapter (page 163). The State con- 
stitutions also contain prohibitions meant to restrain 
the legislature from making oppressive laws, or such 
as would endanger the people's absolute rights. (See 
page 15, § 5.) If any laws are passed contrary to these 
constitutional provisions, they will be void and of no 
effect. 

2. Rules — Constitutions prescribe no method of 
passing laws. They leave it entirely to the legislature 
itself. But it would be impossible for such a body to 
act without some order, and so each legislature estab- 



42 STATE GOVERNMENTS 

lishes certain rules, which are seldom departed from. 
But, though ordinarily followed, these rules may be 
departed from, and the law will be just as valid, pro- 
vided a quorum is present and a sufficient number vote 
for it. 

3. Governor's Message — When the two houses are 
duly organized and ready for business, the governor 
sends to both houses a written communication called a 
message, in which, as the constitution requires, he gives 
to the legislature information of the condition of the 
affairs of the State, and recommends such measures as 
he judges necessary and expedient. The message is 
read to each house by its clerk. 

4. Other Measures — But the measures to which the 
governor calls the attention of the legislature are but 
a small portion of those which are considered and 
acted upon. Many are introduced by individual mem- 
bers. Others are brought into notice by the petitions 
of the people in different parts of the State. Petition 
generally signifies a request or prayer. As here used, 
it means a written request to the legislature for some 
favor — generally for a law granting some benefit or 
relief to the petitioners. Petitions are sent to mem- 
bers, usually to those who represent the counties or 
districts in which the petitioners live, and are by these 
members presented to the house. Laws may be intro- 
duced in either house. 

5. Committees — The subjects to be acted on by a 
legislature are very numerous, and if the whole house 
carefully examined each measure and listened to all 
the reasons why the measure was necessary it could 
not finish half its labor. So committees are appointed 
at the beginning of the session, consisting of from 



LEGISLATIVE DEPARTMENT 43 

three to seven members, each committee having charge 
of some particular subject : such as, the committee on 
finance, or the money matters of the State, called the 
ways and means committee; the committee ob agri- 
culture; on manufactures; on railroads; on education ; 
and a great many other subjects. As soon as a meas- 
ure is introduced into the house it is referred to its 
appropriate committee, to examine into its necessity 
and report to the house the result of the examina- 
tion. These committees are so numerous that every 
member is on at least one or two, and are called 
standing committees, because they continue through 
the session. When a question arises having no re- 
lation to any particular subject on which there is a 
standing committee, it is usually referred to a special 
or select committee appointed to consider this par- 
ticular matter. 

6. Committee Meetings — Committees meet in pri- 
vate rooms during hours when the house is not in ses- 
sion; and any person wishing to be heard in favor of 
or against a proposed measure may appear before the 
committee having it in charge. Having duly consid- 
ered the subject, the committee reports to the house 
the information it has obtained, with the opinion 
whether the measure ought or ought not to become 
a law. Measures reported against by committees 
seldom receive any further notice from the house. 

7. Bills — If a committee reports favorably upon a 
subject, it usually brings in a bill with its report and 
recommends its passage. A bill is the form or draft 
of a law. Sometimes it is prepared in correct form 
before it is introduced into the house or referred to 
the committee. In other cases, as, for instance, when 



J4 STATE GOVERNMENTS 

the subject is brought before the house by petition, the 
committee prepares it. 

8. Three Readings — A bill before it is passed is read 
three times, on three separate days. In some legisla- 
tures the rules allow the first and second readings to be 
on the same day. The first and second readings consist 
often of merely reading the title or the enacting clause. 
Then amendments to it may be introduced, and adopted 
or rejected. Finally, the third reading is had, this 
time the clerk really reading the bill, except where it 
is a long one, and the final vote is taken. Debate on 
the bill is not usually had until after the second read- 
ing. There are a great many rules covering every 
point which may arise, such as the order of business, 
and when debate shall be allowed ; and these rules are 
usually followed : but sometimes, in cases of exigency, 
all the rules are suspended and a bill is introduced and 
passed immediately, without being referred to a com- 
mittee or even being read. 

9. Passage — When the final vote is to be taken, the 
speaker puts the question : " Shall the bill pass ? " If 
a majority of the members present vote in the affirm- 
ative (the speaker also voting), the bill is passed ; if a 
majority vote in the negative, or if the ayes and noes are 
equal, the bill is lost. In a senate where a lieutenant- 
governor presides, not being properly a member, he 
does not vote, except when the ayes and noes are equal, 
in which case there is said to be a tie / and he deter- 
mines the question by his vote, which is called the 
casting vote. In some States, on the final passage of 
a bill, a bare majority of the members present is not 
sufficient to pass it, in case any members are absent. 
The constitutions of those States require the votes 



LEGISLATIVE DEPARTMENT 45 

of a majority of all the members elected to each 
house. 

10. Other House — When a bill has passed one house 
it is sent to the other, where it passes through the same 
forms of action; that is, it is referred to a committee, 
reported by the committee to the house, and is read 
three times before a vote is taken on its passage. This 
vote having been taken, the bill is returned to the 
house from which it was received. If it has been 
amended, the amendments must be agreed to by the 
first house, or the second must recede from its amend- 
ments, or the amendments must be so modified as to 
secure the approval of both houses, before the bill can 
become a law. 

11. Veto — But in many of the States a bill, when 
passed by both houses, is not yet a law. As the two 
houses may concur in adopting an unwise measure, an 
additional safeguard is provided against the enactment 
of bad laws, by requiring all bills to be sent to the gov- 
ernor for examination and approval. If he approves 
a bill, he signs it, and it is law ; if he does not sign it, 
it is not a law. In refusing to sign a bill, he is said to 
negative or veto the bill. Veto, Latin, means I forbid, 

12. No Absolute Veto — But no governor has full 
power to prevent the passage of a law. If he does not 
approve a bill, he must return it to the house in which 
it originated, stating his objections to it ; and if it shall 
be again passed by both houses, it will be a law without 
the governor's assent. But in such cases greater major- 
ities are generally required to pass a law. In some 
States a majority of two-thirds of the members present 
is necessary; in others, a majority of all the members 
elected. In some States if the governor does not return 



46 STATE O0VERN3IENTS 

a bill within a certain number of clays, it becomes a 
law without his signature and without being considered 
a second time. 

13. Taking Effect — Laws become operative the min- 
ute the last act is done ; in those States where the gov- 
ernor must approve them, the minute he signs his name, 
unless the law itself provides otherwise. But this would 
often create great hardship, for one might violate a law 
before he had time to hear of it. Therefore constitu- 
tions often provide that a law shall not take effect for 
some days after its passage, or the law itself may so 
provide. 



SECTION III.— EXECUTIVE DEPARTMENT 
CHAPTEE XI 

STATE OFFICERS 

1. Classification — The executive officers of a State 
may be divided into two classes : those whose duties 
relate to the whole State, as the governor or the attor- 
ney-general, and those whose duties relate only to some 
particular portion of it, as the sheriffs. The first class 
are elected by all the people of the State, and have 
their offices at the capital ; the latter are elected by 
the people of the particular district (county, town, or 
city), and have their offices there. In this chapter we 
will treat only of the first class. 

2. Governor — The chief executive officer of a State 
is the governor. In a monarchy the chief executive 



EXECUTIVE DEPARTMENT 47 

officer is the monarch himself. But there is this differ- 
ence : in a monarchy the monarch is the source of 
power, and all inferior officers are his agents and 
responsible to him alone; in a republic the people are 
the source of power, and inferior officers are their 
agents, responsible to them with the governor, and not 
to him. He is called the chief officer because lie has 
the highest duties to perform. 

,5. Term — The governor is elected by the people, for 
different terms in the different States. In most States 
the term is either two or four years; in some \c\v 
England States it is one year. 

4. Qualifications — The qualifications for the office 
of governor are also different in the different States. 
To be eligible, a person must have been lor a certain 
number of years a citizen of the United States, and for 
a term of years preceding his election a resident of 
the State. He must also be above a certain age, which 
in a majority of the States is thirty years ; and in some 
States he must own a certain amount of property. 

5. Executive Powers — The governor's executive 
powers and duties are numerous and important. He 
represents the State in its dealings witli other States. 
He is commander-in-chief of the military force of the 
State, and can call it out in times of insurrection. He 
is to take care that the laws are faithfully executed, 
and may require information at any time from the 
different executive officers concerning the condition of 
affairs in their respective departments. He communi- 
cates by message to the legislature, at every session, 
information of the condition of the State, and recom- 
mends such measures as he judges necessary and expe- 
dient. He may convene the legislature on extraordi- 



48 STATE GOVERNMENTS 

nary occasions ; that is, when some important matter 
arises requiring immediate attention. 

6. Legislative Powers — In most States the governor 
has the veto power. (See p. 45, §11.) 

7. Judicial Powers — A governor has power to grant 
reprieves and pardons, except in cases of impeachment, 
and, in some States, of treason. To reprieve is to post- 
pone or delay for a time the execution of the sentence 
of death upon a criminal. To pardon is to annul the 
sentence by forgiving the offence and releasing the 
offender. A governor may also commute a sentence, 
which is to exchange one penalty or punishment for 
another of less severity ; as, when a person sentenced 
to suffer death is ordered to be imprisoned. 

8. Appointments — The governor also appoints some 
executive or judicial officers. The power of appoint- 
ment varies greatly in the different States : in some he 
appoints all the higher executive and judicial officers, 
such as the secretary of state, the attorney-general, or 
the judges of the courts ; in others, those are all elected, 
and he only appoints some lower officers, such as nota- 
ries. He almost never has the power to appoint legis- 
lative officers. He also fills vacancies in executive and 
judicial offices, until the next election, when they occur 
through death or resignation. He has in some cases 
the power of removal for misconduct. 

These are only the principal powers and duties 
devolved on the governor. He has many others. 

9. Councils — In a few States an executive council is 
elected by the people, whose duty it is to advise the 
governor. In many cases, as, for instance, appoint- 
ments, he must obtain their consent. 

10. Lieutenant-Governor — In many of the States 



EXECUTIVE DEPARTMENT 49 

this office does not exist.* He has few duties. In 
most States where the office exists, he presides in the 
senate, in which he has only a casting vote. The chief 
object of this office seems to be to provide a suitable 
person to fill the vacancy in the office of governor in 
case the latter should die, resign, be removed, or other- 
wise become incompetent. 

11. Assistant Officers — Among the executive offi- 
cers who assist in the administration of the government, 
there are in every State some or all of the following : 
a secretary of state, a comptroller or auditor, a treas- 
urer, and an attorney-general. In some States they 
are appointed by the governor, in others by the legis- 
lature, and in others they are elected by the people. 

12. The Secretary of State lias charge of the State 
papers and records. He keeps a record of the official 
acts and proceedings of the legislature and of the 
executive departments, and has the care of the hooks, 
records, deeds of the State, parchments, the laws 
enacted by the legislature, and all other papers and 
documents required by law to be kept in his oili 

13. The State Comptroller, in some States called 
auditor, manages the financial concerns of the State; 
that is, the business relating to the money, debts, land, 
and other property of the State. He examines and 
adjusts accounts and claims against the State, and 
superintends the collection of moneys due the State. 
When money is to be paid out he draws a warrant on 
the State treasurer. 

14. The State Treasurer has charge of all the 
moneys of the State, and pays out the same as 

*Viz. : Alabama, Arkansas. Delaware. Georgia. Maine, Maryland, 
New Hampshire, New Jersey, Oregon, Tennessee, and West Virginia. 



50 STATE GOVERNMENTS 

directed by law, and keeps an accurate account of such 
moneys. 

15. Official Bonds — Auditors, treasurers, and other 
officers intrusted with the care and management of 
money or other property are generally required, before 
they enter on the duties of their offices, to give bonds, 
in sums of certain amount specified in the law, with 
sufficient sureties, for the faithful performance of their 
duties. The sureties are persons who sign the bond 
with the officer, and bind themselves to pay the State 
all damages arising from neglect of duty on the part 
of the officer, not exceeding the sum mentioned in the 
bond. 

16. The Attorney-General is a lawyer who acts for 
the State in lawsuits in which the State is a party. 
He prosecutes persons indebted to the State, and causes 
to be brought to trial persons charged with certain 
crimes. He also gives his opinion on questions of law 
submitted to him by the governor, the legislature, and 
the executive officers. 

17. Other Officers — There are also in some States 
the following officers : a surveyor-general, who super- 
intends the surveying of the lands belonging to the 
State, and who keeps in his office maps describing the 
bounds of the counties and townships ; a superintend- 
ent of schools or superintendent of public instruction, 
who attends to many matters connected with the pub- 
lic schools of the State ; a State printer, who prints the 
laws and all State papers ; a State librarian, who has 
charge of the State library ; and others. 



EXECUTIVE DEPARTMENT 51 



CHAPTER XII 

COUNTY OFFICERS 

1. Reasons for Division — A State is divided into 
counties," and each county La divided into towns, 
townships, or districts, f There are several reasons for 
this division : for convenience in the Legislative, i 
tive, and judicial departments. Some laws may l>e 
necessary in some parts of the State that are not 
needed in others, and which the people of those parts 
can better make for themselves; and the boundaries 
must be clearly fixed that it may be known who comes 
under the regulations or who can make them. So, too, 
there are many executive officers, such as sheriffs and 
collectors of taxes, but each must have his jurisdiction 
confined to particular limits or there would 
confusion. There are many lower courts, too, and the 
jurisdiction of each must be clearly defined. 

2. Origin of County — Counties in England were 
formerly districts governed by counts or earls, from 

* Counties in the same State are about the same size, and have 
about the same population; but the counties of one State as compared 
with those of another vary very greatly as to number, size, and 
population. In 18!''-2, Massachusetts had 14 counties. Texas 201, and 
Oregon 31. In Massachusetts there were about 500 square miles in a 
county, in Texas 1,005, and in Oregon 3,050 ; in Massachusetts the 
population in a count} was about 160,000, in Texa- 8,500, and in 
Oregon 10,000. Counties exist in every State except. South Carolina 
and Louisiana, where districts and parishes prevail. 

f Towns or townships also vary in size, but perhaps a fair average 
would be from five to ten miles square. Towns do not exist, gener- 
ally, in the Southern States or the extreme Western States. There 
the county is divided into districts for special purposes. 



52 STATE GOVERNMENTS 

which comes the name of county. A county was also 
called s/i ire, and an officer was appointed by the count 
or earl to perform certain acts in the principal town 
in the county, which was called shire town, and the 
officer was called shire-reeve, or sheriff. He was a 
more important officer than the sheriff of a county in 
this country now is. The court-house and other county 
buildings are situated at the principal place in the 
county, and it is called the county-seat, or capital. 

3. Political Importance — In the Southern and ex- 
treme "Western States the county is the most important 
political division, and exercises most of the local gov- 
ernmental powers, such as many important powers 
with regard to the establishment of common schools, 
regulation of roads, laying and collection of taxes, 
care of the poor, etc. In New England the town 
exercises most of these powers, and the county has 
very little importance. In the remainder — that is, in 
the Middle and "Western States (except those far west) 
— these powers are divided between the county and 
town. 

4. Corporations — Counties, towns, cities, and villages 
are municipal corporations. Let us see what a corpora- 
tion is. Persons, in a legal sense, are divided into two 
classes, natural persons and corporations. Natural 
Persons are human beings, as God made them ; Cor- 
porations are artificial persons, or bodies, created by 
law. In other words, a corporation (also called a tody 
politic, or body corporate) is an association of persons 
authorized by law to transact business under a common 
name and as a single person. The laws of the State 
give such authority to the inhabitants of counties and 
towns. The people of a town or county have power, 



EXECUTIVE DEPARTMENT 53 

to some extent, to buy, hold, and sell property, and sue 
and be sued, as single individuals. Therefore they are 
corporations. So, also, is the State itself. But there 
are two kinds of corporations: public, or mumcipal, 
and j)rivate. Public, or municipal corporations are 
those organized for purposes of government, such as 
counties, towns, cities, and villages ; private corpora- 
tions are all others, such as banks, railroad companies, 
and churches. 

5. County Commissioners — We have seen that a 
county is a corporation, and that corporations h;ivc 
power to act as single persons. Bnt a corporation 
must act by means of natural persons, Le., by its agents. 
The chief agent of a county — that is, the body which 
exercises the most important corporate powers — is a 
board of county commissioners (usually three). In a 
few States these powers are exercised by and in the 
name of the hoard of sitpt rvisors, which is composed of 
the supervisors of the several towns in the county, of 
whom there is one supervisor in each town. These 
boards have charge of the county property, and may 
make orders and contracts in relation to the building 
or repairing of the court-house, jail, and other county 
buildings. In those States in which the county exer- 
cises more political power than the town, these boards 
have many powers with regard to schools, roads, taxes, 
etc. The following are the more important county 
offices which exist in every State : 

6. County Treasurer — There is in each county a 
treasure?' to receive and pay out the moneys of the 
county, as required. There is also, in some States, a 
county auditor to examine and adjust the accounts and 
debts of the county. The business of county treasurers 



54 STATE GOVERNMENTS 

and auditors in their respective counties is of the same 
nature as that of State auditors and treasurers, and 
they are required to give bonds in the same way. In 
States in which there is no county auditor, the duties 
of auditor are performed by the treasurer. 

7. Recorder — There is also in each county a register 
or recorder, who records in books provided for that 
purpose all deeds, mortgages, and other instruments of 
writing required by law to be recorded. In New York 
and in some other States the business of a register or 
recorder is done by a county clerk, who is also clerk of 
the several courts held in the county. In some States 
deeds, mortgages, and other written instruments are 
recorded by the town clerks of the several towns. 

8. Sheriff — Another county officer is a sheriff, whose 
duty it is to execute all warrants, writs, and other pro- 
cesses directed to him by the courts ; to apprehend per- 
sons charged with crime ; and to take charge of the 
jail and of the prisoners therein. It is his duty, also, 
to preserve the public peace ; and he may cause all per- 
sons who break the public peace within his knowledge 
or view to give bonds, with sureties, for keeping the 
peace and for appearing at the next court to be held in 
the county, and to commit them to jail if they refuse 
to give such bonds. A sheriff is assisted by deputies. 

9. Coroner — There are in each county one or more 
coroners, whose principal duty is to inquire into the 
cause of the death of persons who have died by vio- 
lence, or suddenly, and by means unknown. Notice 
of the death of a person having so died is given to a 
coroner, who institutes an examination. A jury is 
summoned to attend the examination ; witnesses are 
examined ; and the jury give their opinion in Avriting as 



EXECUTIVE DEPARTMENT 55 

to the cause and manner of the death. Such inquiry is 
called a coroner '« inquest. 

10. The District Attorney is a lawyer who attends 
all courts in the county in which persons arc tried for 
crimes, and conducts the prosecution. As all crimes 
and breaches of the peace are considered as committed 
against the State, and prosecuted in its name, this 
attorney is sometimes called States attorney, or prose- 
cuting attorney. 

11. Other Officers — There are often other officers 
in each county; such as, assessors, who assess the value 
of each one's property so that it may lie known what 
tax he shall pay; collectors of taxes; a county sur* 
veyorj a siipermtendent of schools. 

12. Elected — County officers are generally elected 
by the people of the county, for terms of from one t<> 
four years. Some of them are, in some of the States, 
appointed by some authority prescribed by the consti- 
tution or laws of the State. 

13. Whom They Represent — While the different 
county officers are alike in this respect, that their 
jurisdiction extends only to their particular county, 
and also in this fact, that in their official acts they act 
as representatives or agents of the people ; they differ 
from each other in this, that while some represent the 
people of the whole State (and in that sense may be 
called State officers), others represent only the people 
of their own county. Thus, when a sheriff arrests a 
man for crime, it is the State which arrests him by the 
hand of its agent in that county ; when the district 
attorney prosecutes him, it is the State which is trying 
him for the crime against itself. (See page 83, foot- 
note.) On the other hand the county commissioners 



56 STATE GOVERNMENTS 

commonly act only as agents of their county. Some 
officers may represent the State in some of their duties, 
and the county in others. 



CHAPTER XIII 

TOWN OFFICERS 

1. Towns — In all the States except those far west 
and most of the Southern States, each county is subdi- 
vided. These subdivisions are called towns at the East, 
and townships at the West and South. At the West 
and South a village or city is often called a town. 
But in this book we shall use the word town as mean- 
ing an organized subdivision of a county. In those 
States where towns do not exist, the county exercises 
all the local governmental powers and has all the 
necessary officers. It must be remembered, then, that 
this chapter does not apply to all the States. 

2. Chief Officer — Since a town is a corporation, it 
must, like a county, have some one to represent it and 
act for it. The principal officer, or board, whose duty 
this is, has different names in different States. In the 
New England towns there are what are called select- 
men^ three or more in each town. In a few States 
there are trustees of townships. In a few other States 
there is in each town one such officer, called super- 
visor. The powers and duties of these officers are the 
most numerous and important in New England, where 
the town is the most important division of the State. 
They have duties with regard to taking charge of the 
town property, laying out and repairing roads, collect- 
ing taxes, providing for the poor, etc. In those States 



EXECUTIVE DEPARTMENT ;,; 

where the county is the more important division, the 
town officers have fewer of these duties, and the 
county officers have more. 

3. Treasurer — There is often a town fireaswer y with 
duties, in his own town, analogous to those of a county 
treasurer. 

4. Town Clerk — A town clerk in each town keeps 
the records, books, and papers of the town. He rea >rda 
in a book the proceedings of town meetings, the names 
of the persons elected, and such other papers as are 
required by law to be recorded. 

5. Constables — There are several constables in each 
town. Their principal duties are to serve all writs and 
processes issued by justices of the peace. The bigness 
of a constable in executing the orders of a justice of 
the peace is similar to that of a sheriff in relation to 
the county courts. 

6. Highways — For the repairing of highways and 
bridges, a town is divided by the proper officers into as 
many road districts as may be judged convenient ; and 
a person residing in each district is chosen, called <>,>, r- 
seer, or supervisor, or s>ii'r<i/<>r of highways, whose 
duty it is to see that the roads and bridges are repaired 
and kept in order in his district. In some cases a tax 
is laid for the purpose, and ordinary laborers do the 
work. In others, each one taxed may work on the 
road himself a certain number of days, or he may pay 
the tax, according as he wishes. 

7. Overseers of the Poor provide for the support of 
paupers belonging to the town, who have no near rela- 
tives able to support them. In some States there is in 
each county a poor-house, to which the paupers of the 
several towns are sent to be provided for ; the expense 



58 STATE GOVERNMENTS 

to be charged to the towns to which such poor per- 
sons belonged. 

8. Other Officers — There are often in every town 
other inferior officers : assessors and collectors of taxes 
(see Chapter XV.) ; certain school officers ; fence view- 
ers, who settle disputes as to division fences ; pound 
keepers, who take charge of stray animals; sealers, 
who keep correct copies of the standard of weights 
and measures ; and others. 

9. Elected — Most town officers are elected by the 
electors of their respective towns at the annual town 
meetings, for terms of one year. 

10. Town Meeting's — These are meetings of the 
electors held once a year in every town for the election 
of town officers and for certain other business. They 
exist only in New England and a few other States 
which have been under the influence of New England. 
At them the people not only elect officers, but take 
some share in the government. For instance, they 
have power to vote what money shall be raised for 
school purposes, for highways, and other purposes; 
what salaries shall be paid different officers ; what 
proceedings shall be taken at law ; and other powers. 
This, as far as it goes, is pure democracy. With a 
county it is different. The people of a county never 
meet together except to elect officers, and take no part, 
directly, in the direction of affairs. 



EXECUTIVE DEPARTMENT 59 

CHAPTER XIV 

CITIES AM) VILLAGES 

1. Reasons for Incorporation — A city, or a village,* 

is a particular portion of a town which has become so 
thickly populated that a different kind of government 
is needed from that of the rest of the town. For 
instance, where there are many people who use the 

streets, sidewalks will be necessary; and where the 
houses are near to each other, as in the ordinary vil- 
lage, fire-engines and fire-companies will lie necessary 
to prevent the whole place from being destroyed : and 

it' the population is still more dense, as in a city, many 
other regulations are necessary — such as, with regard 
to police, water supply, cleaning the streets, sewers, 
etc. But towns do not have the power to regulate 
these things. It is thought best that the people living 
in those thickly populated portions should do it them- 
selves. The legislature of the State gives them these 
powers by incorporating them into a village or city. 

2. Charter — Whenever, therefore, the inhabitants 
of any portion of a town become so numerous as to 
require a government with more powers than the rest 
of the town, they petition the legislature for a law 
incorporating them into a village, or, if they are very 
numerous, a city. The law or act of incorporation is 
usually called a charter. The word charter is from the 

* The word village very often means only a collection of bouses, or 
of people living near one another, but in this chapter we shall use 
the word for an incorporated village. In Connecticut and Pennsyl- 
vania an incorporated village is called a borough. 



60 STATE GOVERNMENTS 

Latin cltarta, which means paper. The instruments of 
writing by which kings or other sovereign powers 
granted rights and privileges to individuals or corpora- 
tions were written on paper or parchment, and called 
charters. In this country it is commonly used to desig- 
nate an act of the legislature conferring privileges and 
powers upon cities, villages, and other corporations. 

3. Its Contents — The charter describes the bounda- 
ries of the city or village, prescribes what officers it 
shall have, and what shall be their powers and duties. 

4. City Officers — The chief executive officer of a 
city is a mayor. A city is divided into wards of con- 
venient size, in each of which are chosen one or more 
aldermen (usually two) and such other officers as are 
named in the charter. The mayor and aldermen con- 
stitute the city council, which is a kind of legislature, 
having the power to pass such laws (commonly called 
ordinances) as the government of the city requires.* 
There are also elected in the several wards assessors, 
constables, collectors, and other necessary officers, 
whose duties in their respective wards are similar to 
those of like-named officers in country towns, or town- 
ships. 

5. Village Officers — The chief executive officer of a 
village is, in some States, called president. The vil- 
lage is not divided into wards, the number of its 
inhabitants being too small to require such division. 
Instead of a board of aldermen there is a board of 
trustees or directors, who exercise similar powers. The 
president of a village is generally chosen by the trust- 
ees from their own number. In some States incor- 

* In some cases there are two boards, in analogy with the two 
legislative houses of the State. 



EXEC UTI VE BE PA R TMENT 



61 



porated villages are called towns, and their chief 
executive officer is called mayor. 

6. General Law — The constitutions of some States 
require the legislature to pass a general law prescrib- 
ing the manner in which the people in any place may 



Diagram showing the relation between County, 

Town, City, and Village. 




The whole diagram represents a county. 

The numbers represent the towns into which it is divided. 

A represents a city. 

b, c, d, and e represent villages. 

form themselves into an incorporated village without 
a special law or charter. 

7. Subject to Laws of State — The inhabitants of 
cities and villages, however, are not governed alone by 
laws made by the common council and the trustees. 
Those laws and regulations relate only to local mat- 
ters. Most of the laws enacted by the legislature are 
of general application, and have the same effect in 



62 STATE GOVERNMENTS 

cities and villages as elsewhere. Thus the laws of the 
State require that taxes shall be assessed and levied 
upon the property of the citizens of the State to 
defray the public expenses, and the people of the cities 
are required to pay their just proportion of the same ; 
but the city authorities lay and collect additional 
taxes for city purposes. 

8. Corporations — We have seen that the State, 
counties, towns, cities, and villages are all corporations, 
and that there are also other corporations, such as 
banks, railroad companies, etc. Now all corporations 
are alike in some particulars. They all continue after 
the persons first composing them are dead. They all 
have power to buy and sell property, and to borrow 
money to a certain extent. But they also differ in 
some respects. A State differs from other municipal 
corporations in the manner of formation. A State is 
formed by the people when they adopt the constitution ; 
the other municipal corporations — i.e., cities, towns, etc. 
— are formed by the legislature. Again, all municipal 
corporations differ from other corporations in two par- 
ticulars : their purpose and their membership. Muni- 
cipal corporations are organized only for purposes of 
government ; the others are organized for other pur- 
poses, such as business (banks, insurance companies, 
etc.), religion (churches), or charity (hospitals, etc.). 
Of a municipal corporation every one is a member who 
lives within its limits, whether he wishes to be or not ; 
but in other corporations one only becomes a member 
by his own choice. 



EXECUTIVE DEPARTMENT 63 



CHAPTER XV 

TAXES 

1. Reasons for Them — Every government must 

have the power of providing means for its support. 
The different State, county, and town officers must be 
paid salaries; money is needed for public buildings, such 
as State-houses, court-houses, jails, etc. ; and there are 
other necessities. The money which is needed to pay the 
expenses of administering the government, if the State, 
county, or town has no permanent source of revenue 
or income, must be raised by taxation. A tax is a sum 
of money assessed upon the person of a citizen for the 
use of the government. When each one is required to 
pay a certain sum, the same for all, it is called a j>nll- 
tax, or capital ion tax, being a certain sum on every 
poll, or head. But, as persons ought to contribute to 
the public expenses according to their ability, t;ixes are 
more just when laid upon the citizens in proportion to 
the property each one owns. In ordinary speech we 
say that the property itself is taxed. 

2. Land Tax most Common — Both real and personal 
property * are subject to taxation ; but in the United 
States most of the taxes are laid upon the land, for the 
reason that it is always difficult for the assessors to 
ascertain all the personal property each one owns. Poll- 
taxes are laid in many States, but they are very small. 

* Real estate, or real property, is land with the buildings and other 
articles erected or growing thereon. Personal estate, or personal 
property, is every other kind of property ; such as, goods, stocks and 
bonds, money, and debts due from debtors. 



04 STATE GOVERNMENTS 

3. Assessment — This means valuation. As every 
person is to be taxed in proportion to the value of his 
property, it is necessary, first, to make a correct valua- 
tion of all his taxable property. For this purpose, the 
assessor or assessors pass through the town, and make 
a list of the names of all the taxable inhabitants, and 
the estimated value of the property, real and personal, 
of each. If any one thinks his property is valued at 
too high a rate, he has an opportunity to appear before 
the assessors and ask to have the assessment reduced. 
The town assessors then make returns to the proper 
State and county officers of all the property, and its 
valuation, in the town. 

4. Information — In some States persons liable to 
taxation are themselves required to furnish lists of all 
their taxable property, printed blank lists having been 
previously distributed among them for this purpose. 
To secure an accurate valuation, the assessors (called 
also listers) may require persons to make oath that 
they have made a true statement of their property and 
its value. 

5. Exemptions — There are certain kinds of property 
which are exempt from taxation ; such as the corporate 
property of the State, of counties, and of towns, in- 
cluding the buildings in which the public business is 
done, the prisons, jails, asylums, etc., and the lands 
attached to them; school-houses and churches, with 
the lands attached ; burying-grounds, and the property 
of literary and charitable institutions. But the prop- 
erty of business corporations, as railroad, banking, 
insurance, manufacturing, and other stock companies, 
like that of individuals, is liable to taxation. 

6. Three Amounts — Before a tax-list can be made 



EXECUTIVE DEPARTMENT 65 

out, showing what each one's tax is to be, it must be 
known what amount is to be collected in each town. 
This amount is made up of three parts : first, the sum 
wanted to pay the expenses of the town for the cur- 
rent year; second, the town's share of the county 
expenses; and third, its proportionate share of the 
expenses of the State government, or of what is to be 
raised for State purposes. In this country the amount 
that each one pays for State purposes is usually very 
much less than what he pays for county and town 
purposes. The ratio of the county to the town tax 
varies in proportion to the political importance of the 
county and town. In many States there is no town 
tax. 

7. Apportionment — The apportionment of the 
amount of the State and county expenses among the 
several towns is made according to the amount of 
property in each as valued by the assessors. The State 
auditor or comptroller, having received from the several 
counties returns of the value of the property in each 
county, is enabled to determine its quota of the amount 
to be raised for State purposes, lie sends to the proper 
officers in each county (county commissioners, or board 
of supervisors) a statement showing what part of the 
State tax the county is to pay. The county officers 
add to each county's share of the State expenses the 
sum to be raised in the county for county purposes, 
and apportion the whole amount among the towns in 
proportion to the value of the property in each. Then 
the town officers, in turn, add to each town's share of 
the amount of the State and county expenses the 
amount to be raised for town purposes, and this gives 
the whole sum to be collected in the town. This sum 

5 



66 STATE GOVERNMENTS 

is divided up among the inhabitants of the town in 
proportion to their property as valued by the assessors, 
and a tax-list, showing what each one is to pay, is 
given to the collector. In cities and villages each 
one's tax includes also his proportionate share of the 
amount to be raised for city, or village, purposes. 
Taxes in cities are usually very much higher than 
anywhere else. 

8. Collection — When the collector has received the 
taxes he pays them over to the town treasurer. The 
latter retains the portion collected for town purposes, 
and remits the remainder to his county treasurer. The 
county treasurer retains the portion collected for county 
purposes and remits the remainder to the State treas- 
urer. The system of assessment and collection of taxes 
varies in the different States. The system described 
in this chapter applies chiefly to the Northern States. 

9. Tax Sales — Where a person neglects to pay his 
tax, means are provided by law to enforce payment. 
If he is taxed for personal property, sometimes the 
collector may seize his goods and sell them, and some- 
times suit must be brought in the usual way. But if 
he is taxed for land, a different course is pursued. In 
a certain sense, the land itself is taxed. If the tax is 
not paid within a certain time, the proper authorities 
sell or lease the land for a certain period to any one 
who will pay the tax. The owner then has the right 
to redeem within a certain time, generally two or three 
years, by paying to the purchaser what he has paid for 
taxes, with interest. The purchaser does not have the 
right to take possession of the land until the time to 
redeem has expired. 

10. Assessments— Assessment has been used in the 



EXECUTIVE DEPARTMENT ^7 

sense of valuation. But it is also often used to mean 
a tax laid in a city to pay for some public improvement ; 
such as, the building of a sewer, the paving of a street, 
the laying out of a park, etc. In such cases the benefit 
of the improvement is felt, sometimes wholly, generally 
chiefly, by those who live near, and therefore they are 
required to pay for it. For instance, when a sewn- is 
built in a side street, only the property on each side of 
that street is assessed for it. 

11. Indirect Taxes— The taxes that have been 
described are called direct taxes. But there are also 
indirect taxes, so called because, when finally paid, 
they are not paid directly to the government as a tax, 
but as a part of the price of something. They include 
duties which are paid on goods exported from a country 
or imported into it, on goods manufactured, licensee 
for carrying on certain trades, or for doing certain 
things, etc. For instance, if a tax is laid on the manu- 
facture of liquors, the manufacturer adds enough to 
the price of the liquor to cover the tax, and so the con- 
sumer, when he buys, indirectly pays the tax. Only a 
small portion of the revenue of a State is derived from 
indirect taxation. The United States Constitution for- 
bids any State to lay import or export duties. 



CHAPTER XVI 

EDUCATION 



1. A Proper Object of Government— The proper 
object of government is to promote the welfare and 
happiness of its citizens. For this purpose it must 
protect the people in the enjoyment of life and the 



OS STATE GOVERNMENTS 

fruits of their labor. But it should go further, and 
make express provision for improving the condition 
of the people, especially the less fortunate portions of 
them. The prosperity of a state or nation depends 
essentially upon the education of its citizens. Ignorance 
tends to make men idle and vicious. On the other 
hand, education not only teaches them better ways of 
living, but impels them to follow the better ways, and 
gives them higher purposes in life. 

2. A Political Necessity — But further, we believe 
that a government by the people is better adapted 
than any other to promote the general welfare where 
the people are fitted to govern. But if the people 
are not properly educated, they are incapable of self- 
government. Some children are educated at private 
schools. But very many are unable to pay for the 
education of their children in that way, and therefore 
each State has established a system of common schools, 
at which the children of all may be taught at the 
public expense. These are the schools we shall treat 
of in this chapter. It is to its common-school system 
that the United States owes much of its prosperity 
as a nation. This system has been developed more 
highly at the North than at the South. But the 
constitutions adopted in the Southern States since the 
late civil war have made much more adequate provi- 
sion for this necessity than existed in those States 
previously. 

3. Support — The schools are supported chiefly by 
taxation. In some cases those who send their children 
there have to pay a higher rate than others. But in 
almost all the States there is provided a school fund, 
the income from which is applied to aid in their sup- 



EXECUTIVE DEPARTMENT 69 

port. A fund is a sum of money, the income from 
which is set apart for a particular purpose. Thus the 
interest of a school fund is applied in building school- 
houses, paying teachers, etc. The whole amount ex- 
pended on common schools in the United States in 
1892 was about $155,980,800. 

4. Creation of School Funds — These were created 
in the older States by the State's appropriating certain 
lands owned by it for that purpose. Tiny were, in 
many cases, largely increased by certain moneys re- 
ceived from the United States. In 1836 there had 
accumulated in the national treasury about thirty 
millions of dollars over and above what was needed 
for the support of the government. By an act of 
Congress, this surplus revenue was distributed among 
the States then existing, to be kept by them until called 
for by Congress. That it never will be called for is 
now almost certain. Many of the States have ap- 
propriated large portions of their respective shares for 
school purposes. From its having been said to be only 
deposited with the States, this fund is sometimes called 
the United States deposit fund. As to the Western 
States, at an early period, while most of the territory 
from which they have been formed was yet the prop- 
erty of the United States, and uninhabited, Congress 
passed acts by which a certain proportion of the land 
in every township is reserved for the support of schools 
therein. By these acts, in some of those States one 
thirty-sixth, in others one eighteenth of the whole 
State has been thus appropriated, besides smaller por- 
tions granted for the benefit of a university in each 
State. In States which may be hereafter formed out 
of existing territories, land will be reserved in the 



70 STATE GOVERNMENTS 

same way. The whole amount of the permanent 
common-school funds in the United States has been 
calculated to be about $140,000,000. The income 
from this is applied to school purposes every year. 

5. Districts — The towns, or townships, of a State 
are generally divided into districts of proper size, in 
each one of which is established a school, to which all 
the children of the district may go, free of expense. 
These schools are sometimes called district schools, 
sometimes common schools, and sometimes public 
schools. Each district has apportioned to it its share 
of the income of the school fund, and the rest of the 
money needed to support the school is raised from the 
inhabitants of the district or the State by taxation. 
One or more trustees or directors are chosen in each 
district to manage the school affairs. 

6. State Superintendent — In many States there 
is an officer called the State superintendent of public 
schools, or superintendent of public instruction. The 
superintendent collects information relating to the 
schools ; the number of children residing in each dis- 
trict, and the number taught ; the number of school- 
houses, and the amount yearly expended ; and other 
matters concerning the operation and effects of the 
common-school system. Sometimes he also apportions 
the money arising from the State funds among the 
several counties. He reports to the legislature at 
every session the information he has collected, and 
suggests such improvements in the school system as 
he thinks ought to be made. There are officers in 
each county or town to aid him in this work. There 
are also officers in each county or town who examine 
the teachers periodically to see if they are competent. 



EXECUTIVE DEPARTMENT 71 

7. Grades — Public schools are divided into three 
grades: primary schools, for the youngest pupils; 
grammar schools, in which are taught, besides the 
ordinary, some of the higher branches of study ; and 
high schools, for the most advanced, in which are 
taught the studies necessary for a business education, 
and frequently the languages and higher mathematics. 
Many contend that the public should not be taxed to 
furnish a higher education, but that it should be left 
to the private citizen. Others maintain that the gen- 
eral good demands that some should be highly edu- 
cated. But, though many States have high schools, 
universities, and other educational institutions, sup- 
ported or aided by the State, the great body of schools 
in the country still are of the lower grade. 

8. Compulsory Attendance — In general, the State 
does not compel parents to send their children to 
school, but relies upon their own sense of duty and in- 
terest. But in a few States it does, and every child is 
compelled to go to some school, public or private, a cer- 
tain portion of every year between the ages of seven 
and fourteen. And the idea is gaining strength in the 
country that the interest of the whole people requires 
that every child should be educated to a certain degree. 

i). Normal Schools — These are schools in which per- 
sons are trained to be teachers. If a State is to furnish 
education to its citizens, it must provide suitable educa- 
tors, and therefore most States have established one 
or more of these schools. They are free to any one, 
but in return the person taught must serve a certain 
length of time (two or three years) as a teacher in the 
common schools of the State. In that way he pays 
for his education. 



72 STATE GOVERNMENTS 

CHAPTER XVII 

PUBLIC INSTITUTIONS 

1. Duty of Government — We have seen that a gov- 
ernment ought to provide means not only for the pro- 
tection of the lives and property of its citizens, but also 
for their education. But there are further duties which 
it owes to its citizens. It ought to furnish protection 
and aid to those who are unfortunate, the insane, the 
blind, orphan children, and others who are unable to 
care for themselves. So, too, if there is any great 
enterprise in Avhich all the people of the State are 
interested, but which is too large or too costly to be 
carried on by private individuals, the State should 
render aid. Again, a State should exercise some con- 
trol over the operations of corporations having large 
powers, such as railroads and banks, in order to prevent 
fraud upon the people. These duties are important 
functions of the executive department. 

2. Asylums — Every State establishes and supports 
some of these for the insane, blind, deaf and dumb, 
inebriate, orphans, and others. At them support and 
medical aid are furnished to such as have no means of 
providing for themselves. Counties, towns, and cities 
often maintain institutions of the same kind. 

3. Canals — These do not exist in all the States, and 
in some they are constructed and managed by private 
corporations. But in others they are State works, 
built by the State and managed by officers elected 
by the people. New York, Pennsylvania, and Ohio 
have many. Their object is to furnish cheap trans- 



EXECUTIVE DEPARTMENT 73 

portation, and at one time they were considered of 
vast importance, but railroads have in a great meas- 
ure taken their place. Where the State undertakes 
such an enterprise, very often a fund is provided by 
the State, the income of which is applied to the object, 
and the United States increases this fund by grants to 
it of public lands, because the canal is a benefit not 
only to the people of the State, but also to all the 
people of the Nation. 

4. Railroads — These are seldom State works, but 
they often receive aid from the State in the form of 
money lent them, public land granted to them, or State 
guaranties of their bonds. In a certain other respect 
all railroads are aided by the State. The property 
which a railroad company requires very often cannot 
be purchased, as the owners will not sell, and no person 
or corporation has, in itself, the right to compel them 
to sell. But a State has the right to take any one's 
property for public use on paying its value. This is 
called the right of eminent domain, and this right the 
State delegates to the railroad company for the time 
being. Appraisers are appointed who value the land, 
and on payment of that price the company takes it. 
The land necessary for a canal is acquired in the same 
way. 

5. Control of Corporations — The State generally 
exercises some control over certain corporations which, 
like railway or canal companies, banks, and insurance 
companies, have large powers and privileges. This is 
to prevent their being used to the fraud and injury of 
the public. In some States there are departments, 
such as the oanlc department, or the insurance depart- 
ment, all subordinate branches of the executive depart- 



74- STATE G0VERN3IENTS 

ment, which are required to exercise supervision over 
the corporations belonging to their department within 
the State. They collect information with regard to 
them, their property and business, by means of exam- 
inations and of annual reports which the corporations 
are required to make, and this information is published. 
When State banks issued bills (which were only their 
promises to pay money), they were often required to 
deposit a certain amount of property with the State 
to secure those who used their bills as money against 
loss. So, too, insurance companies are sometimes 
required to make deposits with the government to 
secure their policy-holders. There are other ways in 
which a State exercises control over corporations. 

6. State-Prisons — These are prisons maintained by 
the State, in which criminals convicted of the higher 
crimes are confined. The county jails are for the 
lower grades of criminals. Convicts are forced to 
work while confined. In many States their labor is 
leased by the State to certain contractors, who pay the 
State as for so many laborers. Thus State-prisons are 
sometimes rendered self-supporting. 

7. State Debts — Yery often the public works under- 
taken by a State require more money than can be con- 
veniently raised at once by taxation. So, too, perhaps 
the chief benefit is going to accrue, not to people liv- 
ing at the time the work is done, but many years later, 
and therefore posterity should bear some share of the 
burden. In such case the State borrows the money 
and issues its bonds for it, also called State stock. 
Counties, towns, and cities, in the same way, often 
incur debt and issue bonds for public works. But 
there is this difference : counties, towns, and cities may 



EXECUTIVE DEPARTMENT 75 

be sued in the courts, but there is no way for a private 
individual to force a State to pay its debts. Such 
refusal to pay is called repudiation, and several of the 
States have repudiated their debts in part. For the 
reason that there is no remedy, repudiation is the more 
dishonorable. In the late Civil War the Southern 
States contracted large debts, but these the United 
States Constitution forbids them to pay. Xo govern- 
ment could recognize as just, or allow to be paid, if it 
could prevent it, any debts incurred in a rebellion 
against it. 

CHAPTER XVIII 

MILITIA 

1, Meaning of Militia — Every nation has its mili- 
tary force to resist foreign enemies and crush rebellion. 
It consists of two portions, the standing army and the 
militia. The standing army is all the time organized, 
equipped, and drilled, and its members have no other 
occupation. The militia consists of all the other able- 
bodied men in the nation (between certain ages), but it 
is not called into service except in time of war or insur- 
rection. In this country the Nation has a small stand- 
ing army, and its militia consists of the militia of all 
the States. The States have no standing army, but 
each has its militia. 

2. Of Whom Composed — The militia of a State 
consists of able-bodied male citizens of the United 
States between the ages of eighteen and forty-five 
years who reside in the State, except such as are 
exempt by the laws of the State and of the United 
States. Persons exempt by the laws of the State are 



76 STATE GOVERNMENTS 

generally members of the State legislative, executive, 
and judicial departments, clerg}^men, teachers, physi- 
cians, firemen, and members of military companies 
who have served a certain time.* Persons exempt by 
United States laws are members of the national legis- 
lative, executive, and judicial departments, pilots, mari- 
ners, and a few others. 

3. Commander-in-Chief — By the constitutions of 
the several States, the governors are made the com- 
manders-in-chief of the militia of their respective 
States. The governor has power to call it out in time 
of insurrection or rebellion, f and when called out he 
exercises the usual powers of commander over it. He 
cannot, however, send any member out of the State 
without his own consent. 

4. Organization — The militia, when organized, is 
divided in the usual way into brigades, regiments, 
companies, etc., with the usual officers : adjutant-gen- 
eral, colonels, captains, etc. In some States the offi- 
cers are appointed by the governor or the legislature ; 
in others they are elected by the men they are to com- 
mand. But in most of the States the militia remains 
practically unorganized. 

5. Training — For many years after the Revolution, 
when the militia was more or less organized all the 
time, it was called out annually in each State for the 
purpose of training ; but these annual trainings were 
seen to be of so little value that they gradually fell 

* In many States those, also, are exempt who have conscientious 
scruples as to whether war is ever right, such as the Quakers. 

f An insurrection is an attempt of persons to prevent the execu- 
tion of a law. Rebellion generally means nearly the same ; but more 
properly it signifies a revolt, or an attempt to overthrow the govern- 
ment to establish a different one. 



EXECUTIVE DEPARTMENT 77 

into disuse. At present the militia in this country is 
not much more, practically, than an imaginary body, 
and the great body of the people have no military 
duties to perform. 

6. Volunteer Regiments — But occasions do arise 
when it is necessary for a State to have some organ- 
ized, equipped, and drilled force at hand. This neces- 
sity is supplied by the volunteer companies, or regi- 
ments, existing in most of the States. These organize 
themselves, elect their own members and officers, select 
their own uniform, and the branch of the service to 
which they will attach themselves. The St;ite usually 
grants them more or less aid, in the way of arms, 
armories, etc. When organized, they come under the 
military laws of the State, and are subject to orders of 
the commander-in-chief, in the same manner as the 
militia is, and he can call them out when necessary. 
These regiments are called in some States the national 
guard, and popularly they are called the militia. 

7. United States Militia — We have said the militia 
of the United States consisted of the militia of all the 
States. The President has power to call it out at 
times when the standing army is not sufficient, and 
when so called out it passes out of State control and 
under that of the United States. But this refers to 
the unorganized militia. Over the volunteer regi- 
ments spoken of in the preceding section the United 
States has no control. The national government will 
probably never call out the unorganized militia, but will 
rely on the formation of volunteer regiments. In the 
late Civil War most of the United States army was 
composed of volunteer regiments formed in the loyal 
States, and then mustered into the United States service. 



78 STATE GOVERNMENTS 



SECTION IV.— JUDICIAL DEPARTMENT 
OHAPTEE XIX 

COURTS 

1. Necessity — The judicial department consists of 
the courts of a State. We have seen that the legisla- 
tive department makes laws and the executive depart- 
ment carries them out ; but there is one other function 
of government which properly comes in between the 
making and the execution of the law. This is its 
application to particular cases when disputes arise. 
Very often in a particular case it will be hard to tell 
what the truth is, as one party will say one thing and 
the other another ; and again one side will claim that 
the law does not include his case, and the other side 
will claim that it does. These points must be decided 
before the law can be executed. The executive depart- 
ment might decide them, but justice is more likely to 
be done if the one that decides has nothing else to do 
with the case. For this reason the separate judicial 
department is established. The higher courts of a 
State are usually established by its constitution, the 
lower courts by the legislature. 

2. Diversity — There is great diversity among the 
States in the names and powers of the different courts. 
No two States are exactly alike. But the following 
sketch gives a general idea of the judicial system pre- 
vailing in most of the States. 

3. Court for the Trial of Impeachments — This is 
the name applied to the upper house of the legislature 



JUDICIAL DEPARTMENT 79 

when trying a public officer for malfeasance (i.e. t cor- 
rupt conduct) in office.* Impeachment is the formal 
act of the lower house by which it rrfakes the charge 
against him.f Generally the lower house has the sole 
right of impeachment, and the upper house the sole 
right to try impeachments. On such trial the upper 
house is in reality a court4 

4. Supreme Court — This is the name usually given 
to the highest court — of which there is only one — in 
the State. It consists of several judges (very often 
three), and has usually only appellate jurisdiction.^ 
Appeals may be taken to it in both civil and 
criminal cases,] from the next lower — the Circuit — 
courts. 

5. Circuit Courts ■[ — Of these there are generally a 

*As, if a governor, for money offered him, should approve and 
sign a law ; or a judge should, for money or from s<>me other Belfish 
or personal motive, give a wrong judgment. 

fit must be remembered thai impeachment is no! the conviction 
of the offence, but only the accusation. It is analogous to an indict- 
ment by a grand jury. (See page 87.) It may happen, therefore, 
that an officer is impeached and afterward acquitted on the trial, as 
President Andrew Johnson was in 1868. 

\ This practice has come from Great Britain, where the impeach- 
ment is made by the House of Commons, and the House of Lord- is 
the High Court of Impeachment. 

§The word jurisdiction is from the Latin jus, law, and dictio, a 
pronouncing or speaking. Hence the jurisdiction of a court means 
the class of cases in which it has power to pronounce the law. A 
court is said to have original jurisdiction when the case may originate 
(be commenced) in it ; it has appellate jurisdiction when it may hear 
the case on appeal from a lower court. 

|| Civil cases are those between private parties for debt or for some 
injury to person or property. Criminal cases are those in which the 
State seeks to punish one for some criminal offence. 

*\[ They derive their name from this circumstance : Each court has 



80 STATE GOVERNMENTS 

number (from ten to thirty) in every State, one for 
each district into which the State is divided. In many 
States they are called district courts, because there is 
one in each district ; in a few they correspond to the 
superior courts, so called because they are of higher 
grade than the justices' courts. They have original 
jurisdiction, in general, of all classes of cases, both 
civil and criminal, and are the courts in which the 
great body of trials are had. They also hear appeals 
from the lower courts. 

6. Justices of the Peace — In each town, or similar 
division, there are usually several of these officers. 
Each justice holds court, and has power to try civil 
cases which involve small amounts (in some States it 
must be less than $100, in others less than $50), and to 
try persons who have committed small offences. They 
also have important powers with regard to arresting 
and examining those accused of higher crimes. (See 
page 88.) In many States they have executive duties 
also. 

7. Probate Courts — There is usually one of these in 
every county, composed of a single judge. They are 
quite different in character from the courts already 
described. Their powers and duties relate to the 
estates of deceased persons, to see that they go to the 

its district, including several counties, and as the law usually re- 
quires, for the convenience of suitors, that the court be held once or 
twice a year in each county, the judges travel from one county to 
another. 

In some of the States of New England this system of courts does 
not exist. The highest court performs their duties, having both 
original and appellate jurisdiction. It will be noticed that New 
England is different from the rest of the country in many of her 
political institutions. 



JUDICIAL DEPARTMENT 81 

persons entitled to them. They take proof of wills 
and empower executors to act.* Where a person dies 
without a will the probate court appoints an adminis- 
trator, who distributes the personal property (for dis- 
tinction between personal and real property, see page 
63) among the relatives to whom it belongs by law.f 
It has power to remove the executor or administrator 
if he does not do his duty ; to settle his accounts ; and 
decide disputes which arise, as to the distribution of 
the estate. Probate courts also take charge of the 
estates of minors whose parents have died, and appoint 
guardians for them. For this reason they arc some- 
times called orphans 9 con, -is. Appeals may be taken 
from these courts to the Supreme Court, or sometimes 
to the Circuit Courts. 

8. Courts of Chancery exist in several States. 
They have power to grant certain kinds of relief that, 
in the States where they exist, the other courts can 
not ; such as compelling a man to perform a contract, 
instead of awarding money as damages for his not 
doing it, or granting an injunction against one's doing 
an unlawful act. These are also called courts of < quity. 
It is unnecessary to enumerate their powers, as in 
most States they do not exist, and there the other 
courts have all their powers. 

9. Other Courts — In some States there are other 

* A will is a writing by which a person directs to whom his prop- 
erty shall be given after his death. The Latin probatua means proof, 
from which the courts derive their name. An executor is a person 
appointed in a will to carry out its provisions. 

f An administrator has no jurisdiction over the land owned by 
the deceased that the heirs can take possession of without any 
authority from the court. An executor, in general, executes the 
will both as regards personal and real property. 
6 



82 STATE GOVERNMENTS 

courts with various powers. County courts, or courts 
of common pleas, exist in some, having jurisdiction in 
civil cases, somewhat higher than justices' courts; 
courts of sessions and courts of oyer and terminer, 
where they exist, are courts of criminal jurisdiction ; 
police courts are often established in cities with juris- 
diction to try the lower criminal offences ; large cities 
generally have additional courts. 

10. Elections and Terms — Judges are sometimes 
elected by the people, sometimes by the legislature, 
and sometimes appointed by the governor. The terms 
of office vary, being generally six to ten years in the 
higher courts, while justices of the peace are elected or 
appointed every one or two years. In a few States 
(in New England) the judges of the highest court hold 
office for life, or until seventy years of age. Like 
legislative and executive officers, they receive salaries 
fixed by law. 

CHAPTEE XX 

LEGAL PROCEEDINGS 

a. Impeachment 

1. Impeachment — A complaint against the officer 
having been brought formally before the lower house of 
the legislature, it votes whether he shall be impeached 
or not, and if it is decided that there are sufficient 
grounds for the charge, articles of impeachment are 
prepared and delivered to the upper house, and a com- 
mittee of managers is selected from the members of 
the lower house to conduct the prosecution. 

2. Trial — The upper house (senate) then convenes 



JUDICIAL DEPARTMENT 83 

as a court, the accused person is summoned to answer 
the charge, and a time is fixed for the trial. The 
trial is conducted in much the same way as a trial in 
other courts, and at the close the senate votes upon his 
guilt, a two-thirds vote being generally required to 
convict. If convicted, the court may remove him from 
office, or disqualify him to hold any office in the State, 
for a time, or for life; or may both remove and dis- 
qualify him. This court can pronounce no other sen- 
tence. But if the act committed is a crime, the offender 
may also be indicted, tried, and punished in a court of 
justice. 

h. Proceedings in Ordina/ry Civil Cases 

3. Parties — In both civil and criminal cases the 
party cuing is called the plaMbUff (i.e., the one com- 
plaining), and the party sued the defendant (i.e. t the 
one defending himself).* 

"We will now give a sketch of the ordinary steps in 
a civil action in their order. 

4. Summons — Except in the lowest courts, all the 
proceedings in a lawsuit are taken by means of written 
papers. This is that they may be preserved. The 
first paper is ordinarily a summons. This is a writ 
issued by the court at the instance of the plaintiff, and 

* In a criminal case the State is the plaintiff, and the accused the 
defendant. The State — i.e., the whole people — are the ones injured 
by a crime. For example, in New York State the title of a criminal 
case is "The People of the State of New York against John Smith." 
Also, the person against whom the offence is committed has his civil 
remedy, a suit for damages, against the offender. So that in the 
case of a criminal offence (for instance, assault and battery) the 
injured party can sue the offender for damages, and the State can 
punish him at the same time. 



84 STATE G0VERN31ENTS 

served upon the defendant, summoning him to appear 
in court. Generally this appearance is made not by 
coming into court in person, but by the defendant's 
attorney * filing a notice in the clerk's office. If he 
does not appear within a certain time, the plaintiff 
may take judgment and issue execution immediately. 
(See page 86.) 

5. Pleadings — If the defendant appears, the plaintiff 
is then required to file or serve his declaration or com- 
plaint, setting forth what he claims, and the facts on 
which he bases the claim. The defendant then files or 
serves his plea, or answer, or demurrer, \ setting forth 
his defence; that is, the reasons why he thinks he 
should not be compelled to do what the plaintiff de- 
mands. These papers are called the pleadings. Some- 
times other papers are necessary. If the pleadings 
agree as to the facts, the matter is then presented to 
the court, and it makes its decision, without — what is 
popularly called — a trial. But if the pleadings do not 
agree as to the facts — if, for instance, the plea denies 
any fact the declaration sets out — this dispute must be 
settled by a trial. 

6. Jury — Trials may be had before the court alone, 
but in many cases either party may claim the right to 
have disputed facts decided by a jury.% In the higher 
courts a jury consists of twelve men ; in justices' 
courts, of six. At every term of court (except in jus- 

* In this connection an attorney, or counsel, is a lawyer "who con- 
ducts a lawsuit for a person. In a broader sense, attorney often 
means an agent to transact any business. 

f These words have different meanings, unnecessary to state here. 

\ So important is this right considered that it is guaranteed to 
every one, in certain cases, by most of the State constitutions. It was 
derived from England, where it has been enjoyed many centuries. 



JUDICIAL DEPARTMENT 85 

tices' courts) a number of men residing in the county 
are summoned to attend court to serve as jurors dur- 
ing the term, which lasts one or two weeks. From 
these the jury in each particular case is chosen by 
lot. 

7. Trial — As soon as the pleadings are filed or 
served either party may summon the other to trial. 
If either party does not appear at the trial, the other 
may have judgment against him. If the witnesses are 
unwilling to come, a subpoena (pronounced euppena) 
may be issued to them. This is a writ from the courl 
commanding them to attend, under heavy penalties if 
they do not. A judge always presides at the trial, and 
decides whether the evidence offered by either side is 
proper to he admitted in the case. The usual course 
of proceeding is as follows : The plaintiff's counsel opens 
the trial by briefly stating what the case is, and then 
examines such witnesses as he chooses, the defendant's 
counsel having the right to cross-examine each one, if 
he thinks the testimony needs to he made clearer : this 
examination and cross-examination is made by the 
counsel asking questions which the witness must an- 
swer, and the witness is not allowed to do anything 
but answer the questions put him ; after the plaintiff 
has presented all his witnesses, the defendant's counsel, 
in turn, briefly states what his defence is, and examines 
his witnesses, the other side cross-examining each one 
if he desires ; the defendant's counsel then makes an 
argument upon the case, and the plaintiff's counsel 
closes with his argument. This ends the trial if it is 
before the court alone. But if it is before a jury, the 
judge delivers a charge to the jury, giving them a 
summary of the evidence on both sides and pointing 



80 STATE GOVERNMENTS 

out to them the points they are to decide. The jury 
then retire, and deliberate in secret. 

8. Verdict — If the jury cannot agree, they are dis- 
charged, and another trial may be had; but if they 
agree, they return to court and announce their verdict. 
This word is from the Latin verum, true, and dictum, 
saying. In most States all the members of a jury 
must agree before a verdict can be rendered. 

9. Judgment — After a verdict, or decision of a case 
by the court, formal judgment is entered (i.e., filed or 
recorded), and the successful party may add as a part 
of it what are called costs. These are certain sums of 
money allowed to him to compensate for his expenses. 
It is considered just that the one who is decided to be 
in the wrong should pay all the expense. 

10. Appeal — If the defeated party thinks justice 
has not been done, he may appeal to the next higher 
court. This court does not try the case over again, 
but simply examines all that was done in the lower 
court to see if any error was committed. If there was 
none, it affirms the judgment; but if any — even a 
slight— error was committed, it reverses the judgment 
and grants a new trial, which is conducted in the same 
way as the first. In many cases, if either party is 
dissatisfied with the decision of the higher court he 
may appeal to a still higher one, which, in turn, affirms 
or reverses. In this way a single case may have three 
or four trials, and five or six appeals, though that is 
very unusual. Small cases cannot generally be appealed 
to the highest court. 

11. Execution against Property — After judgment 
is obtained against one, if he does not pay it, a writ 
called an execution against the property may be issued 



JUDICIAL DEPARTMENT 87 

to the sheriff. This commands him to seize the debtor's 
property and sell it until he has sold enough to satisfy 
(i.e., pay) the judgment. Certain articles, such as house- 
hold goods and clothing, cannot he sold by the sheriff. 

12. Execution against the Person — Formerly, in 
addition to the execution against property, an execution 
against the person could be issued in all cases. This 
commanded the sheriff to put the debtor in jail until 
he paid the judgment. But now this extreme remedy 
is abolished, except in cases where the judgment is 
obtained for some act implying moral turpitude, such 
as libel, assault, fraud, etc. In cases of ordinary debt, 
such as for goods sold, money borrowed, etc., this 
execution cannot be had. 

c. Proceedings in Criminal Cases 

13. Indictment * — It is usual for State constitutions 
to contain provisions requiring that before one can be 
tried for a criminal offence (except a petty one) lie must 
be indicted by a grand jury. A grand jury is a body 
of citizens (usually twent} r -three) summoned in every 
county several times during the year, to inquire what 
crimes have been committed in the county. An indict- 
ment is a formal accusation made by a grand jury 
against a person that he has committed a crime. The 
process of indictment is as follows : Some one, usually 
the district attorney, brings the fact of a crime to their 
notice; the jury then summon the witnesses f named 
and examine them ; if twelve of the jurors vote that 
there is sufficient cause for putting him on trial, the 

* Pronounced inditement. 

f No witnesses in favor of the accused are examined by the grand 
jury. 



88 STATE GOVERNMENTS 

indictment is drawn up by the district attorney, en* 
dorsed " a true bill " by the foreman of the grand jury, 
and then sent to the court. These proceedings are 
kept secret, in order to prevent the offender's escape. 

14. Arrest and Bail — A warrant may then be issued 
for the arrest of the accused. If arrested, he may give 
bail, except in cases of crimes punishable by death, like 
murder. Giving bail consists of giving a bond, by 
which the bondsmen agree to pay the State a certain 
sum of money if the prisoner does not appear when he 
is wanted. The prisoner is then released until his trial. 
He is then supposed to be in the custody of his bonds- 
men, and they can arrest him at any time. 

15. Examination — But often it is feared that if an 
indictment is awaited the offender may escape. In 
such case a complaint is sworn to before a justice of 
the peace, or other magistrate, and he issues a war- 
rant. When the arrest is made the accused is brought 
before him, and he makes a short examination of the 
case. If the evidence is such that he thinks the accused 
should be tried, he commits him to prison to await the 
action of the grand jury, or if the case be not indicta- 
ble, to be tried at the next court. He may then give 
bail. 

16. Habeas Corpus * — If the prisoner thinks that 

* This is the most famous writ in the law. It applies to all cases 
where one person is unlawfully restrained by another, as well as to 
persons charged with criminal offences. It is often used by a father 
to gain possession of his child which has been unlawfully taken from 
him. So important is it considered that State constitutions often 
provide that the right of having the writ shall not be suspended by 
the legislature except in time of rebellion or invasion. It protects 
the right of personal liberty by causing the ground of arrest or 
restraint to be examined by a competent judge. 



JUDICIAL DEPARTMENT 89 

his arrest is unlawful, he, or any one in his interest, 
may apply to any judge of a higher court for a writ of 
Jhi bras corpus. This commands the sheriff, or whoever 
has him in custody, to bring him before the judge. 
The case is not tried then, but the judge simply exam- 
ines the case to see whether the arrest is lawful ; that 
is, whether any crime is charged, or whether there is 
any proper complaint. If he decides that the prisoner 
is lawfully held, he remands him to prison ; if not, he 
orders him released. 

17. Trial — Due notice being given to the prisoner, 
and a counsel to conduct his case being furnished him 
by the State, if he has none, he is brought to trial, 
and, except in petty cases, has the constitutional right 
to be tried by a jury. He is first called upon tojjU ad 
to the indictment (i.e., answer it), and lie may plead 
"guilty" or " not guilty." This is called arraigivmerti. 
If he pleads " guilty," he is immediately sentenced; 
if "not guilty," the trial proceeds. The course of 
the trial is the same as in civil cases : the opening 
addresses; examination and cross-examination of the 
witnesses on each side; the arguments of counsel; 
the charge; and the verdict (see page 86). After ver- 
dict he is discharged or sentenced, according as he is 
found innocent or guilty. 

J. Of Ik r Proceedings 

18. In Probate Courts — Here the proceedings, 
though somewhat different, bear a resemblance to 
those in other courts. Generally there is no contest ; 
but when there is the court proceeds in much the same 
way as other courts, but without a jury. 

19. Special Proceedings — The proceedings already 



90 REVIEW QUESTIONS 

described do not embrace all the varieties. Courts are 
applied to for a great many objects, which cannot be 
enumerated here, and the proceedings taken differ in 
different classes of cases. But in all legal proceedings 
the object is to bring all the parties interested before 
the court, so that it may learn what all claim, and give 
each one a chance to disprove misstatements made by 
any one else. 



REVIEW QUESTIONS 

Geneeal Peinciples of Goveenment 

Necessity for Society and Government 

1. Why is civil society necessary to mankind ? 

2. From what does the right of private property come ? 

3. What is law ? Why necessary ? 

4. Why is government necessary ? 



Classification of Rights and Law 

5. What is a right ? 

6. What are political rights ? In what act does a man exercise 

them ? 

7. Name the different classes of civil rights. 

8. To what class do religious rights belong ? 

9. What is the difference between the moral law and the law of 

tint ure ? 
10. What is the difference between the moral law and municipal 
law 'i Which is the broader ? Why ? 



REVIEW QUESTIONS 91 



Forms of Government 

11. Name and define the three fundamental forms of government. 

12. What is a despotism ? 

13. To what form of government does England belong ? Is it abso- 

lute or limited ? 

14. Explain the difference between a Republic and a Pure Democ- 

racy. 

15. To which form does the United States Government belong ? To 

which do the State Governments ? Why 'i 



State Governments 

Constitution : Election : Departments 

1. What is a constitution in this country ? How many are there 

here now ? 

2. How are constitutions framed ? By whom, and how, adopted ? 

3. Name the usual qualifications of voters, as to age, sex, residence, 

property, character, and color. 

4. Describe the manner of conducting an election. 

5. What is registration ? 

6. What is the difference between a majority and a plurality ? 

Which, usually, is necessary to elect a person ? 

7. How many departments of government are there ? Give the 

name and duties of each. Why are they kept distinct ? 

Legislative Department 

8. Name the two branches of the legislature. Which is the larger 

house ? Which the more select ? 

9. Are legislators elected or appointed ? 

10. How often do legislatures meet? What does organization con- 

sist of ? 

11. What is a quorum ? How many usually constitute it (i.e., what 

proportion) ? 

12. Are the proceedings of legislatures open or secret ? 

13. Describe the usual method of enacting laws. 

14. What are the purpose and use of committees ? 

15. What is a veto ? Its effect ? 

16. Is a law valid which is passed with all the formalities which the 

constitution prescribes, but not according to the rules of the 
legislature ? 

Executive Department 

17. Who is the chief executive officer of a State ? How does he differ 

from a king ? 

18. Name his principal powers. 



92 REVIEW QUESTIONS 

19. Name the other high executive State officers, and their duties. 

20. What are the territorial divisions of a State ? Their purpose ? 

21. Which is the more important political division (county or town) 

in the Southern Slates ? In New England ? 

22. What is a municipal corporation ? Give some examples. 

23. Name the principal county officers, and their duties. 

24. Which represent the county, and which the State ? 

25. Name the principal town officers, and their duties. 

26. Are officers of the executive department elected or appointed ? 

27. What is a city ? A village ? Why are they incorporated ? 

28. Are inhabitants of cities and villages subject to the general laws 

of the State ? 

29. In what particulars do municipal corporations differ from private? 

The State from other municipal corporations ? 

30. What is a tax ? Its purpose ? 

31. Upon what kind of property are most of the taxes collected ? 

32. What are assessors ? 

33. How is a tax collected when the party will not pay it, in case he 

is taxed for personal property ? How, in case he is taxed for 
land? 

34. Explain why any government should furnish some education to 

its citizens. Why should we in this country especially ? 

35. How are common schools supported ? 

36. Name some public institutions supported by the State. 

37. How does a railroad or canal company acquire its land ? 

38. Explain the difference between militia and a standing army. 

39. Of what is a State militia composed ? Of what, the United States 

militia ? 

40. Who is the highest officer of the State militia ? 

41. What are volunteer regiments ? 

Judicial Department 

42. What duties does the judicial department perform ? 

43. What is impeachment ? What body tries impeachments ? What 

judgment may it render ? 

44. What is the difference between a civil and a criminal case ? Be- 

tween original and appellate jurisdiction ? 

45. Name the three grades of law courts in a State, with the usual 

jurisdiction of each. About how many courts are there in each 
grade ? 

46. What are the duties of probate courts ? 

47. Describe the progress of an ordinary civil case. Describe the 

course of a trial. 

48. In what civil cases may a defendant be arrested ? 

49. What is an indictment ? A grand jury ? 

50. Describe the progress of an ordinary criminal case. 

51. Who is the plaintiff in a criminal case ? 



DIVISION III 
National Government 

SECTION I.— ITS ORIGIN AND NATURE 

CHAPTER XXI 

GOVERNMENT BEFORE THE REVOLUTION 

1. The United states a Nation— Besides the State 

governments that we have described, there is in this 
country another government, to which all the people 
of all the States are subject, and which, in its own 
sphere, has paramount authority over all the State 
governments. This is the United States Government. 
The people of all the original States severally adopted 
another constitution, the United States Constitution. 
This established another and superior government for 
all the people, which is therefore called the National 
Government. In this document the Nation is called 
"The United States of America." To assist the 
reader in understanding the Constitution and govern- 
ment of the United States, we shall first give a sketch 
of the governments which preceded the Kevolution, 
and of the principal causes which led to it. 

2. The Colonies — Most of those who study this 
work probably know that our present State and na- 
tional governments were not established by the early 
settlers in this country. The first inhabitants (except 
the Indians) were colonists. A colony is a settlement 



94 NATIONAL GOVERNMENT 

of persons in a distant place or country, who remain 
subject to the government of the country from which 
they came. At the time of the Revolution there 
existed here thirteen colonies, settled mostly from 
Great Britain, all subject to the British sovereign, but 
independent of each other. 

3. Colonial Governments — The political rights and 
privileges enjoyed by the Colonists as British subjects 
were limited. The people had not then, as now, con- 
stitutions of their own choice. There were colonial 
governments; but they were such as the king was 
pleased to establish, and, generally, might be changed 
at his pleasure. These governments were in form 
somewhat similar to that of our State governments. 
There was what might be called a legislature ; also an 
executive or governor; and there were judges. But 
of the officers of these departments of the govern- 
ment, only the members of the lower branch of the 
legislature were elected by the people. The other 
branch was composed of a small number of men, 
called a council; but they were appointed by the king 
and subject to his control, as was also the governor, 
who had the power of an absolute negative or veto to 
any proposed law. And laws, after having received 
the assent of the governor, had to be sent to England 
and approved by the king before they could go into 
effect. The judges were appointed by the governor. 
The Colonies were also subject to the laws of the 
British Parliament. 

4. Good Laws Denied — Hence we see that the 
colonists had no security for the passage of such laws 
as they wanted. And the consequence was that they 
were often denied good laws. 



ORIGIN AND NATURE 05 

5. Oppressive Laws of Parliament — Not only so ; 
many laws enacted by Parliament were very unjust 
and oppressive. The object of these laws was to se- 
cure to Great Britain alone the trade of the Colonies. 
One law declared that no goods should be imported 
by the Colonists but in British vessels; if brought in 
other vessels, both the goods and vessels were to be 
forfeited to the British Government. Another law 
declared that no iron wares should be manufactured by 
the Colonists, so as to compel them to buy of Great 
Britain. So also the Colonists were permitted to ship 
to foreign markets such products only as British mer- 
chants did not want. They were prohibited from sell- 
ing abroad any wool, yarn, or woollen manufactured 
goods, in order to keep the foreign markets open for 
British wool and manufactures. 

6. I>uties — One way taken to compel the Colonies to 
buy of Great Britain alone was to impose heavy duties 
on goods imported from anywhere else. For instance : 
the Colonists traded with the West India islands, some 
of which belonged to Great Britain, some to France, 
and some to Spain. To secure the whole trade to the 
British islands, the British Government imposed high 
duties upon the molasses, sugar, and other articles 
imported into the Colonies from the French and Span- 
ish islands. The people of the Colonies were therefore 
obliged to import the above-mentioned goods from the 
British islands only, while, if there had been no duty, 
they could have obtained them more cheaply from the 
others. 

7. Taxation without Representation — Not satis- 
fied with these acts, Parliament claimed the right to 
tax the Colonies " in all cases whatsoever " ; and an 



96 NATIONAL GOVERNMENT 

act was passed accordingly, laying duties upon all tea, 
glass, paper, etc., imported into the Colonies ; and the 
money thus collected was put into the British treasury. 
The Colonists petitioned the king and Parliament to 
repeal these obnoxious laws, claiming that under a free 
government there should be no taxation without repre- 
sentation ; that is, that no legislative body had the 
right to tax them, unless they had representatives of 
their own in that body ; and they had none in Parlia- 
ment. These petitions were, however, disregarded. 

8. Result — The Colonies resisted the payment of 
these unjust taxes. Troops were then sent to compel 
submission, and the Colonists, too, began to arm. 
Finally, the Congress, which was a body of delegates 
from the several Colonies, giving up all hope of relief, 
declared by the Declaration of Independence, on July 
4, 1776, the Colonies to be free and independent States, 
no longer subject to the government of Great Britain. 
This declaration was maintained by a war which lasted 
about seven years, when Great Britain gave up the 
contest and acknowledged the independence of the 
States; and the Revolution was accomplished. By 
this declaration the thirteen Colonies' became thirteen 
States, independent not only of Great Britain, but 
also, in most respects, of each other. 

CHAPTER XXII 

THE CONFEDERATION 

1. Continental Congress — As early as the year 1774, 
the Colonics united in the plan of a congress, to be 
composed of delegates chosen in all the Colonies, for 



ORIGIN AND NATURE 97 

the purpose of consulting on the common good and of 
adopting measures of resistance to the claims of the 
British Government. The Continental Congress, con- 
vened in September, 1774, conducted the affairs of the 
country until near the close of the war. This body 
was in reality a revolutionary body. It had nothing 
to define or limit its powers. But the people relied 
upon the honor, wisdom, and patriotism of its mem- 
bers, and acquiesced in their acts. 

2. Confederation — But it was seen from the first 
that the Colonies (now States, by the Declaration of 
Independence) ought to be united, and that a central 
government with clearly defined powers must be 
established. With a view to a permanent union the 
Congress, in November, 1777, agreed upon a frame of 
government, contained in certain articles, called " Arti- 
cles of Confederation and Perpetual Union between 
the States." These articles were to go into effect 
when they should have received the assent of all the 
States. But as the consent of the last State (Mary- 
land) was not obtained until March, 1781, they went 
into operation only about two years before the close of 
the war. 

3. Defective — As a plan of national government, 
the Confederation was soon found to be very defective. 
The union formed under it was a very imperfect one. 
Having been framed in time of war, it had respect to 
the operations of war rather than to a state of peace. 
Its defects appeared almost as soon as it went into 
effect ; and after the return of peace it was found that 
the union, instead of being strengthened and perpetu- 
ated by it, could be preserved only by a radical 
change. 



98 NATIONAL GOVERNMENT 

4. Weakness — The leading defect of the Confedera- 
tion was its weakness. It consisted merely of a legis- 
lature, called the Congress, and had no executive or 
judicial departments. This body could do little more 
than recommend measures. As it could not legislate 
directly upon persons, its measures were to be carried 
into effect by the States ; but the States were not in 
all cases willing, and some of them did at times refuse 
to do so, and Congress could not compel them. It 
belonged to Congress to determine the number of 
troops and the sums of money necessary to carry on 
the Avar, and to call on each State to raise its share ; 
but Congress could not enforce its demands. It bor- 
rowed money in its own name, but it had no means of 
raising money to pay it. Hence Ave see that Congress 
Avas dependent for eA r ery thing upon the good-Avill of 
thirteen independent States. It is a Avonder that a 
government of such inherent weakness should bring 
the Avar to a successful issue. It was a sense of danger 
from abroad, rather than any poAver in the govern- 
ment, that induced a sufficient compliance Avith the 
ordinances of Congress to achieA T e the independence 
of the States. 

5. Taxes and Duties — Congress had no power to 
leA^y taxes or to impose duties. These poAvers Avere 
reserved to the States. Even during the Avar the 
necessary means to carry it on Avere with difficulty 
collected from the States. But after the Avar not only 
Avas money needed for the ordinary expenses of the 
government, but there Avas a heavy debt to be paid. 
Duties Avere necessary also to regulate foreign trade, 
but each State imposed such as it saw fit, and there 
was no uniformity. Hence American commerce Avas 



ORIGIN AND NATURE 99 

fast being destroyed through the want of power in 
the central government to regulate it. 

6. Discord between States — Another of the numer- 
ous troubles which arose from this imperfect union 
was the want of peace and harmony between the 
States. Laws were enacted in some States with a view- 
to their own interests, which operated injuriously 
upon other States. This induced the latter to retal- 
iate, by passing laws partial to themselves and injuri- 
ous to the former. The States soon became disaffected 
toward each other; and their mutual jealousies and 
rivalries and animosities at length became so great as 
to cause fears that some of the States would become 
involved in war among themselves, and that thus the 
union would be broken up. 

7. Attempts at Amendment — In view of these diffi- 
culties, attempts were made to change the Articles of 
Confederation so as to give the Congress more power, 
especially in the matter of regulating trade; but the 
attempts failed. 

8. Convention of 1786 — In January, 1786, the leg- 
islature of Virginia proposed a convention of commis- 
sioners from all the States, to take into consideration 
the situation and trade of the United States and the 
necessity of a uniform system of commercial regula- 
tions. A meeting was accordingly held at Annapolis 
in September, 1T8G ; but as commissioners from only 
five States* attended, the commissioners deemed it 
unadvisable to proceed to business relating to an object 
in which all the States were concerned; but they 
united in a report to the several States and to Con- 
gress, in which they recommended the calling of a gen- 

* New York, New Jersey, Pennsylvania, Delaware, and Virginia. 



100 NATIONAL GOVERNMENT 

eral convention of delegates from all the States, to 
meet in Philadelphia in May, 1787, with a view not 
onlv to the regulation of commerce, but to such other 
amendments of the Articles of Confederation as were 
necessary to render them " adequate to the exigencies 
of the union." 

9. Convention of 1787 — In pursuance of this rec- 
ommendation, Congress, in February, 1787, passed a 
resolution providing for a convention. All the States 
except Rhode Island appointed delegates, who met 
pursuant to appointment and framed the present Con- 
stitution of the United States. They also recom- 
mended it to be laid by Congress before the several 
States, to be by them considered and ratified in con- 
ventions of representatives of the people. 

10. Adoption of Constitution — By this Constitu- 
tion, as soon as the people of nine States ratified it, 
it was to go into effect as to the States so ratifying. 
Conventions of the people were accordingly held in all 
the States. The ninth State, New Hampshire, sent its 
ratification to Congress in July, 1788 ; and measures 
were taken by Congress to put the new government 
into operation. North Carolina and Rhode Island, 
the last States to accept the Constitution, did not send 
their ratifications until the year after the government 
was organized. 

CHAPTER XXIII 

THE UNION UNDER THE CONSTITUTION 

1. Confederacy and Nation — The Confederation 
and the Union under the Constitution were each a 
union of the States, but they differed vastly from each 



ORIGIN AND NATURE 101 

other. This difference may be best summed up by 
saying that the first made a Confederacy, the second a 
Nation.* Under the Confederation the States, though 
united as States " in a firm league of friendship with 
each other," yet expressly "retained each its sover- 
eignty, freedom and independence." The people were 
citizens of the several States rather than of a con- 
solidated Nation. Under the Constitution the States 
are no longer sovereign. The Nation is above them. 
and they can do nothing contrary to the Constitution. 
They have in many respects surrendered their sover- 
eignty to the Nation for the good of all. If they 
attempt to withdraw, the Nation can coerce them.t 
The people of the States are also citizens of the United 
States, We will give in the following sections the 
chief differences between the Confederation and the 

*A confederacy is a league, or compact between individuals, 
whether persons or nations: a nation, as distinguished from a con- 
federacy, is a people indissolubly bound together as a unit, a single 
people. One is a combination, the other a consolidati in. There is 
another sense in which the word nation is often used, that of a people, 
or combination of peoples, having a common central authority, which 
represents them in all relations with foreign nations. The States 
were never known or treated by foreign powers as separate nations, 
and therefore in this sense the whole people were one nation even 
under the Confederation. Further than this, it may be said that 
even before the Constitution the whole people, besides being bound 
together by ties of common parentage and mutual dependence, often 
acted as a consolidated nation, a single sovereignty instead of thirteen. 

f At the time of the late Civil War the Southern States claimed 
that the Nation was but a Confederation, and that therefore they 
could withdraw. This they attempted to do, and set up a govern- 
ment of their own, calling it the "Confederate States of America." 
But — if force of arms can ever settle a logical question — it is now 
settled that our country is not a mere Confederation, but a 
Nation. 



102 NATIONAL GOVERNMENT 

present Union, which taken together make one a Con- 
federacy and the other a Nation. 

2. Name — The document which established the Con- 
federation professed in its name to make nothing but a 
league between the States, as States, calling itself "Ar- 
ticles of Confederation . . . between the States." 
The Constitution, on the other hand, professes to make 
a union of the people, and not of the States : thus its 
preamble reads, "We, the People of the United States 
. . . do ordain and establish this Constitution." 

3. By Whom Adopted — The Articles of Confedera- 
tion were adopted by the State legislatures, acting for 
the States, as States ; the Constitution was adopted by 
conventions elected by the people in the several States. 
By whom they were framed is of little import. 

4. Power — But the chief difference between the two 
was in their power. "We have seen that the Confedera- 
tion had no power except to pass laws, and States and 
individuals could disobey them without fear of punish- 
ment, for it had no executive department to enforce, 
and no judicial department to judge of, its laws. But 
the Constitution gives the National Government all 
necessary powers to enforce obedience to its laws ; a 
complete executive department, with armies and money 
(or the power to raise them) at its command ; and also 
a judicial department free from State control. 

5. State Equality — Again, under the Confederation, 
as in confederacies generally, the States were equal. 
They were entitled to an equal number of delegates 
in the Congress, in which they voted by States, each 
State having one vote ; that is, if a majority of the 
delegates of a State voted in favor of or against a pro- 
posed measure, the vote of the State was so counted ; 



ORIGIN AND NATURE 103 

and a proposition having in its favor a majority of 
the States was carried. Under the Constitution both 
branches of the legislature votejw capita, the vote of 
each member counting one, and in the lower branch 
the representation is according to population, and thus 
the larger States have more members. The President, 
too, is elected, not by States, but by a majority vote of 
the Electors. (See pages 132, 170.) 

6. National Government — The government of the 
Confederation, although sometimes called the National 
Government, was not really such, nor was it generally 
so regarded, as appears from the proceedings of the 
Convention that framed the Constitution. Early in 
the session of the Convention a resolution was offered, 
declaring " That a National Government ought to be 
established, consisting of a supreme legislative, judi- 
ciary, and executive." This resolution was strongly 
opposed by a large portion of the delegates, because it 
proposed to establish a )Ki1i<>n<tl government. They 
were in favor of continuing the Confederation witli a 
slight enlargement of the powers of Congress, so as to 
give that body the power to lay and collect taxes and 
to regulate commerce. But the friends of a national 
government prevailed ; and history has proved their 
wisdom. 

7. Federal Union — But although the present gov- 
ernment, with its three departments, its powers, and 
its supremacy over the States, is properly a national 
government, yet it is not wholly such, but partly 
national and partly federal ; some of the federal fea- 
tures of the Confederation having been retained in the 
Constitution, as will appear on a further examination 
of this instrument. Hence the Union is still called, 



104: NATIONAL GOVERNMENT 

with propriety, the Federal Union, and the govern- 
ment the Federal Government. 



CHAPTER XXIV 



CONSTITUTION OF THE UNITED STATES 

[Note.— The following is the text of the Constitution and Amendments. It 
should be studied uutil the pupil can give the subject and substance of each 
paragraph. The titles of the articles and sections form no part of the document, 
but are added bere for the purpose of convenience in reference. The large 
numbers at the left are placed there that the paragraphs may be referred to by 
number in the rest of the book.] 



Preamble 

We, the People of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defence, promote the general 
welfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of America. 

• 
ARTICLE I 

Legislative Department 

Section 1. Division into Two Houses ' 

1. All legislative powers herein granted shall be vested in 
a Congress of the United States, which shall consist of a 
Senate and House of Representatives. 



3 



Section 2. House of Representatives 

1. The House of Representatives shall be composed of 
members chosen every second year by the people of the sev- 
eral States ; and the electors in each State shall have the 



ORIGIN AND NATURE 105 

qualifications requisite for electors of the most numerous 
branch of the State Legislature. 

2. No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that State in which he 
shall be chosen. 

3. Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and 
excluding Indians not taxed, three fifths of all other persons. 
The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, 
and within every subsequent term of ten years, in such man- 
ner as they shall by law direct. The number of Representor 
tives shall not exceed one for every thirty thousand, but each 
State shall have at least one Representative ; and until such 
enumeration shall be made, the State of New Hampshire 
shall be entitled to choose three; Massachusetts, eight; 
Rhode Island and Providence Plantations, one; Connecticut, 
five; New York, six; New Jersey, four; Pennsylvania, 
eight; Delaware, one; Maryland, six ; Virginia, ten; North 
Carolina, five ; South Carolina, five ; and Georgia, three. 

4. When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

5. The House of Representatives shall choose their Speaker 
and other officers, and shall have the sole power of impeach- 
ment. 

Section 3. Senate 

1. The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature 



106 NATIONAL GOVERNMENT 

thereof, for six years ; and each Senator shall have one 
vote. 

2. Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided, as equally 
as may be, into three classes. The seats of the Senators of 
the first class shall be vacated at the expiration of the sec- 
ond year ; of the second class at the expiration of the fourth 
year ; and of the third class at the expiration of the sixth 
year ; so that one third may be chosen every second year ; 
and if vacancies happen, by resignation or otherwise, dur- 
ing the recess of the Legislature of any State, the Execu- 
tive thereof may make temporary appointments, until the 
next meeting of the Legislature, which shall then fill such 
vacancies. 

3. No person shall be a Senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhab- 
itant of that State for which he shall be chosen. 

4. The Vice-President of the United States shall be Presi- 
dent of the Senate, but shall have no vote, unless they be 
equally divided. 

5. The Senate shall choose their other officers, and also a 
President pro tempore, in the absence of the Vice-President, 
or when he shall exercise the office of President of the United 
States. 

6. The Senate shall have the sole power to try all impeach- 
ments : when sitting for that purpose, they shall be on oath 
or affirmation. When the President of the United States is 
tried, the Chief -Justice shall preside ; and no person shall be 
convicted without the concurrence of two-thirds of the mem- 
bers present. 

7. Judgment, in cases of impeachment, shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit, under 



ORIGIN AND NATURE 107 

the United States ; but the party convicted shall, neverthe- 
less, be liable and subject to indictment, trial, judgment and 
punishment, according to law. 



Section 4. Elections and Meetings of Congress 

1. The times, places, and manner of holding elections for 
Senators and Representatives shall be prescribed in each 
State by the Legislature thereof ; but the Congress may at 
any time, by law, make or alter such regulations, except as 
to the places of choosing Senators. 

2. The Congress shall assemble at leasl one,' in every 
year; and such meeting shall be on the first Monday in 
December, unless they shall, by law, appoint a different 
day. 

Section 5. Powers and Duties of the Houses 

1. Each House shall be the judge of the elections, returns, 
and qualifications of its own members: ami a majority of 
each shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day. ami may be author- 
ized to compel the attendance of absent members, in such 
manner, and under such penalties, as each House may 
provide. 

2. Each House may determine the rules of its proceedings 
punish its members for disorderly behavior, and, with the 
concurrence of two thirds, expel a member. 

3. Each House shall keep a journal of its proceedings, 
and from time to time publish the sime, excepting such 
parts as may, in their judgment, require secrecy; and the 
yeas and nays of the members of either House, on any 
question, shall, at the desire of one-fifth of those present, 
be entered ou the journal. 

4. Neither House, during the session of Congress, shall, 



108 NATIONAL GOVERNMENT 

without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two Houses shall be sitting. 

Section 6. Privileges of and Prohibitions upon 
Members 

1. The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law, and 
paid out of the Treasury of the United States. They shall, 
in all cases except treason, felony, and breach of the peace, 
be privileged from arrest during their attendance at the 
session of their respective Houses, and in going to and 
returning from the same ; and for any speech or debate in 
either house, they shall not be questioned in any other 
place. 

2. No Senator or Representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall have 
been created, or the emoluments whereof shall have been 
increased, during such time; and no person holding any 
office under the United States shall be a member of either 
House during his continuance in office. 

Section 7. Revenue Bills: President's Veto 

1. All bills for raising revenue shall originate in the House 
of Representatives; but the Senate may propose, or concur 
with, amendments, as on other bills. 

2. Every bill which shall have passed the House of 
Representatives and the Senate shall, before it become a 
law, be presented to the President of the United States; 
if he approve, he shall sign it; but if not, he shall return 
it, with his objections, to that House in which it shall have 
originated, who shall enter the objections at large on their 



ORIGIN AND NATURE 109 

journal, and proceed to reconsider it. If, after such recon- 
sideration, two-thirds of that House shall agree to pass the 
bill, it shall be sent, together with the objections, to the 
other House, by which it shall likewise be reconsidered, and, 
if approved by two-thirds of that House, it shall become 
a law. But, in all such cases, the votes of both Houses 
shall be determined by yeas and nays, and the names 
of the persons voting for and against the bills shall be 
entered on the journal of each House respectively. If any 
bill shall not be returned by the President within ten days 
(Sundays excepted) after it shall have been presented to 
him, the same shall be a law, in like manner as if he had 
signed it, unless the Congress, by their adjournment, pre- 
vent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence 
of the Senate and House of Representatives may be necessary 
(except on a question of adjournment), shall be presented to 
the President of the United States, and before the same shall 
take effect shall be approved by him, or, being disapproved 
by him, shall be repassed by two-thirds of the Senate and 
House of Representatives, according to the rules and limita- 
tions prescribed in the case of a bill. 



Section 8. Legislative Powers of Congress 

The Congress shall have power : 

1. To lay and collect taxes, duties, imposts, and excises 
to pay the debts and provide for the common defence and 
general welfare of the United States; but all duties, imposts, 
and excises shall be uniform throughout the United States: 

2. To borrow money on the credit of the United States: 

3. To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes: 

4. To establish a uniform rule of naturalization, and uni- 



110 NATIONAL GOVERNMENT 

form laws on the subject of bankruptcies throughout the 
United States: 

5. To coin money; to regulate the value thereof, and of 
foreign coin; and fix the standard of weights and measures: 

6. To provide for the punishment of counterfeiting the 
securities and current coin of the United States: 

I. To establish post-offices and post-roads: 

8. To promote the progress of science and useful arts, by 
securing for limited times, to authors and inventors, the 
exclusive right to their respective writings and discoveries: 

9. To constitute tribunals inferior to the Supreme Court: 

10. To define and punish piracies and felonies committed 
on the high seas, and offences against the law of nations: 

II. To declare war; grant letters of marque and reprisal; 
and make rules concerning captures on land and water: 

12. To raise and support armies; but no appropriation of 
money to that use shall be for a longer term than two years: 

13. To provide and maintain a navy : 

14. To make rules for the government and regulation of 
the land and naval forces : 

15. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions: 

16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be em- 
ployed in the service of the United States ; reserving to the 
States respectively the appointment of the officers, and the 
authority of training the militia according to the discipline 
prescribed by Congress : 

17. To exercise exclusive legislation in all cases whatsoever 
over such district (not exceeding ten miles square) as may, 
by cession of particular States and the acceptance of Congress, 
become the seat of the government of the United States, and 
to exercise like authority over all places purchased by the 
consent of the Legislature of the State in which the same 



ORIGIN A ND X. 1 77 r R K [ \ \ 

shall be, for the erection of forts, magazines, arsenals, dock- 
yards, and other needful buildings: And 

18. To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all 
other powers vested by this Constitution in the government 
of the United States, or in any department or officer thereof. 



Section 9. Prohibitions upon the United States 

1. The migration or importation of Buch persons BS any 
of the States now existing shall think proper to admit, shall 
not be prohibited by the Congress prior to the year one thou- 
sand eight hundred and eight; but m tax or duty may br 
imposed on such importation, not exceeding ten dollar- for 
each person. 

2. The privilege of the writ of habeas corpus shall no! be 
suspended unless when, in cases of rebellion or invasion, tin- 
public safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid, unless 
in proportion to the census or enumeration hereinbefore 
directed to be taken. 

5. No tax or duty shall be laid on articles exported from 
any State. No preference shall be given, by any regulation 
of commerce or revenue, to the ports of one State over 
those of another : nor shall vessels bound to or from one 
State be obliged to enter, clear, or pay duties in another. 

6. No money shall be drawn from the treasury, but in 
consequence of appropriations made by law ; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time. 

7. No title of nobility shall be granted by the United 
States; and no person holding any office of profit or trust 
under them shall, without the consent of the Congress, ac- 



112 NATIONAL GOVERNMENT 

cept of any present, emolument, office, or title of any kind 
whatever, from any king, prince, or foreign State. 

Section 10. Prohibitions npon the States 

1. No State shall enter into any treaty, alliance, or con- 
federation ; grant letters of marque and reprisal ; coin 
money ; emit bills of credit ; make anything but gold and 
silver coin a tender in payment of debts ; pass any bill of 
attainder, ex post facto law, or law impairing the obligation 
of contracts ; or grant any title of nobility. 

2. No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its inspec- 
tion laws ; and the net produce of all duties and imposts laid 
by any State on imports or exports, shall be for the use of 
the treasury of the United States ; and all such laws shall 
be subject to the revision and control of the Congress. No 
State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, 
enter into any agreement or compact with another State, 
or with a foreign power, or engage in war unless actually 
invaded, or in such imminent danger as will not admit of 
delay. 

ARTICLE II 

Executive Department: The President and Vice- 
President 

Section 1. Term: Election: Qualifications: Salary: 
Oath of Office 

1. The executive power shall be vested in a President of 
the United States of America. He shall hold his office 
during the term of four years, and, together with the Vice- 
President, chosen for the same term, be elected as follows : 



ORIGIN AND NATURE H3 

2. Each State shall appoint, in such manner as the Legis- 
lature thereof may direct, a number of Electors equal to the 
whole number of Senators and Representatives to which the 
State may be entitled in the Congress ; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an Elector. 

The following clause has been superseded by Article XH. of the Aniend- 

inciiis : 

3. The Electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same State with themselves. And they shall make a list of all the persons 
voted for, and of the number of rotes for each, which list they shall Bfgn 
and certify, and transmit, sealed, to the seat of the government of the 
United States, directed to the President of the Senate. The President of 
the Senate shall, in the presence of the Senate and House of 
atives, open all the certificates, and the votes shall then be counted. The 
person having the greatest number of votes shall be the President, if such 
number be a majority of the whole number of Electors appointed, and if 
there be more than one who have such majority, and have an equal num- 
ber of votes, then the nousc of Representatives shall immediately choose 
by ballot one of them for President ; and if no person have a majority, 
then, from the five highest on the list, the said House shall, in like man- 
ner, choose the President. But in choosing the President, the votes shall 
be taken by States, the representation from each State having one vote ; a 
quorum for this purpose shall consist of a member or members from two- 
thirds of the states, and a majority of the States shall be necessary to a 
choice. In every case, after the choice of the President, the person having 
the greatest number of votes of the Electors shall be the Vice-President. 
But if there should remain two or more who have equal votes, the Senate 
shall choose from them, by ballot, the Vice-President. 

4. The Congress may determine the time of choosing the 
Electors, and the day on which they shall give their votes, 
which day shall be the same throughout the United States. 

5. No person except a natural born citizen, or a citizen of 
the United States at the time of the adoption of this Consti- 
tution, shall be eligible to the office of President ; neither 

8 



114 NATIONAL GOVERNMENT 



shall any person be eligible to that office who shall not have 
attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. 

G. In case of the removal of the President from office, or 
of his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall devolve 
on the Vice-President, and the Congress may, by law, pro- 
vide for the case of removal, death, resignation, or inability, 
both of the President and Vice-President, declaring what 
officer shall then act as President ; and such officer shall 
act accordingly, until the disability be removed, or a Presi- 
dent shall be elected. 

7. The President shall, at stated times, receive for his 
services a compensation, which shall neither be increased 
nor diminished during the period for which he shall have 
been elected ; and he shall not receive, within that period, 
any other emolument from the United States, or any of 
them. 

8. Before he enter on the execution of his office, he shall 
take the following oath or affirmation : 

"I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States ; and 
will, to the best of my ability, preserve, protect, and defend 
the Constitution of the United States." 



Section 2. President's Executive Powers 

1. The President shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the 
several States when called into the actual service of the 
United States ; he may require the opinion, in writing, of 
the principal officer in each of the executive Departments, 
upon any subject relating to the duties of their respective 
offices ; and he shall have power to grant reprieves and 



ORIGIN AND NATURE H5 

pardons for offences against the United States, except in 
cases of impeachment. 

2. He shall have power by and with the advice and con- 
sent of the Senate to make treaties, provided two thirds 
of the Senators present concur ; and he shall nominate and 
by and with the advice and consent of the Senate shall 
appoint, ambassadors, other public ministers and consuls, 
judges of the Supreme Court, and all other officers of the 
United States whose appointments are not herein otherwise 
provided for, and which shall be established by law ; but 
the Congress may, by law, vest the appointment of such 
inferior officers as they think proper, in the President alone, 
in the courts of law, or in the ITeads of Department-. 

3. The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by grant- 
ing commissions which shall expire at the end of their next 
session. 

Section 3. President's Executive Powers 
(continued) 

1. He shall from time to time give to the Congress infor- 
mation of the state of the Union ; and recommend to their 
consideration such measures as he shall judge necessary and 
expedient. He may, on extraordinary occasions, convene 
both Houses, or either of them ; and in case of disagree- 
ment between them, with respect to the time of adjourn- 
ment, he may adjourn them to such time as he shall think 
proper. He shall receive ambassadors and other public 
ministers. He shall take care that the laws be faithfully 
executed ; and shall commission all the officers of the United 
States. 

Section 4. Impeachment 

1. The President, Vice-President, and all civil officers of 
the United States shall be removed from office on impeach- 



116 NATIONAL GOVERNMENT 

raent for, and conviction of, treason, bribery, or other high 
crimes and misdemeanors. 



ARTICLE III 

Judicial Department 

Section 1. Courts : Terms of Office 

1. The judicial power of the United States shall be vested 
in one Supreme Court, and in such inferior Courts as the 
Congress may, from time to time, ordain and establish. The 
judges both of the Supreme and inferior Courts shall hold 
their offices during good behavior ; and shall, at stated times, 
receive for their services a compensation which shall not be 
diminished during their continuance in office. 

Section 2. Jurisdiction 

1. The judicial power shall extend to all cases in law and 
equity arising under this Constitution, the laws of the United 
States and treaties made, or which shall be made, under 
their authority ; to all cases affecting ambassadors, other 
public ministers, and consuls ; to all cases of admiralty and 
maritime jurisdiction ; to controversies to which the United 
States shall be a party, to controversies between two or more 
States ; between a State and citizens of another State ; be- 
tween citizens of different States ; between citizens of the 
same State claiming lands under grants of different States ; 
and between a State, or the citizens thereof, and foreign 
States, citizens, or subjects. 

2. In all cases affecting ambassadors, other public minis- 
ters and consuls, and those in which a State shall be a party, 
the Supreme Court shall have original jurisdiction. In all 
the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with 



ORIGIN AND NATURE n 7 

such exceptions, and under such regulations, as the Congress 
shall make. 

3. The trial of all crimes, except in cases of impeachment, 
shall be by jury; and such trial shall be held in the State 
where the said crimes shall have been committed ; but when 
not committed within any State the trial shall be at such 
place or places as the Congress may by law have directed. 

Section S. Treason 

1. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No p rs >n shall be convicted 
of treason, unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punish- 
ment of treason ; but no attainder of treason Bhall work cor- 
ruption of blood, or forfeiture, except during the life of the 
person attainted. 

ARTICLE IV 

Relations of States 

Section 1. Public Records 

1. Full faith and credit shall be given, in each State, to 
the public acts, records, and judicial proceedings of every 
other State. And the Congress may. by general laws, pre- 
scribe the manner in which such acts, records, and proceed- 
ings shall be proved, and the effect thereof. 

Section 2. Rights in one State of Citizens of 
another 

1. The citizens of each State shall be entitled to all the 
privileges and immunities of citizens in the several States. 



US NATIONAL GOVERNMENT 

2. A person charged in any State with treason, felony, or 
other crime, who shall flee from justice and be found in 
another State, shall, on demand of the executive authority 
of the State from which he fled, be delivered up, to be re- 
moved to the State having jurisdiction of the crime. 

3. No person held to service or labor in one State, under 
the laws thereof, escaping into another, shall, in consequence 
of any law or regulation therein, be discharged from such 
service or labor ; but shall be delivered up on claim of the 
party to whom such service or labor may be due. 



Section 3. New States : Territories 

1. New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within 
the jurisdiction of any other State, nor any State be formed 
by the junction of two or more States, or parts of States, 
without the consent of the Legislatures of the States con- 
cerned, as well as of the Congress. 

2. The Congress shall have power to dispose of, and make 
all needful rules and regulations respecting, the territory or 
other property belonging to the United States ; and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States, or of any particular State. 



Section 4. Protection afforded to States by the 
Nation 

1. The United States shall guarantee to every State in this 
Union a republican form of government ; and shall protect 
each of them against invasion, and on application of the 
Legislature, or of the Executive (when the Legislature can- 
not be convened), against domestic violence. 



OH /GIN AND NATURE 119 

ARTICLE V 

Amendment 

The Congress, whenever two thirds of both Houses shall 
deem it necessary, shall propose amendments to this Consti- 
tution, or, on the application of the Legislatures of two thirds 
of the several States, shall call a convention for proposing 
amendments; which, in cither case. shall be valid to all 
intents and purposes, as part of thi-~ Constitution, when rati- 
fied by the Legislatures of three fourths of the several States, 
or by conventions in three fourths thereof, a- the one or the 
other mode of ratification may be proposed by the Congri - : 
provided, that no amendment which may be made prior to the 
year one thousand eight hundred and eight shall in any man- 
ner affect the first and fourth clauses in the ninth section of 
the first article ; and that no State, without its consent, shall 
be deprived of its equal suffrage in the Senate. 

ARTICLE VI 
National Debts : Supremacy of National Law : Oath 

1. All debts contracted, and engagements entered into, 
before the adoption of this Constitution shall be as valid 
against the United States under this Constitution as under 
the Confederation. 

2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made or which shall be made under the authority of the 
United States, shall be the supreme law of the land, and the 
judges in every State shall be bound thereby, anything in 
the Constitution or laws of any State to the contrary not- 
withstanding. 

3. The Senators and Representatives before mentioned, 



120 NATIONAL GOVERNMENT 

and the members of the several Legislatures, and all execu- 
tive and judicial officers, both of the United States and of 
the several States, shall be bound, by oath or affirmation, to 
support this Constitution ; but no religious test shall ever be 
required as a qualification to any office or public trust under 
the United States. 

ARTICLE VII 

Establishment of Constitution 

The ratification of the conventions of nine States shall be 
sufficient for the establishment of this Constitution between 
the States so ratifying the same. 

[Constitution ratified by States, 1787-1790.] 



AMENDMENTS 

ARTICLE I 

Freedom of Religion, of Speech, and of the Press : 
Right of Petition 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof ; or abridg- 
ing the freedom of speech or of the press ; or the right of the 
people peaceably to assemble, and to petition the government 

for a redress of grievances. 

[Adopted 1791.] 

ARTICLE II 

Right to Keep Arms 

A well-regulated militia being necessary to the security of 

a free State, the right of the people to keep and bear arms 

shall not be infringed. 

[Adopted 1791.] 



ORIGIN AND NATURE 121 

ARTICLE III 

Quartering of Soldiers in Private Houses 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner ; nor in a time of 
war, but in a manner to be prescribed by law. 

[Adopted 1791.] 

ARTICLE IV 

Search Warrants 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated; and no warrant shall 
issue but upon probable cause, supported by oath or affir- 
mation, and particularly describing the [dace to be searched 
and the person or things to be seized. 

[Adopted 1791.] 

ARTICLE V 

Criminal Proceedings 

No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, 
or in the militia when in actual service, in time of war or pub- 
lic danger ; nor shall any person be subject, for the same of- 
fence, to be twice put in jeopardy of life or limb, nor shall be 
compelled, in any criminal case, to be a witness against him. 
self ; nor be deprived of life, liberty, or property without due 
process of law ; nor shall private property be taken for public 
use without just compensation. 

[Adopted 1791.] 



122 NATIONAL GOVERNMENT 



ARTICLE VI 

Criminal Proceedings 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial by an impartial jury of the 
State and district wherein the crime shall have been com- 
mitted, which district shall have been previously ascertained 
by law, and to be informed of the nature and cause of the 
accusation ; to be confronted with the witnesses against him ; 
to have compulsory process for obtaining witnesses in his 
favor ; and to have the assistance of counsel for his defence. 

[Adopted 1791.] 

ARTICLE VII 

Jury Trial in Civil Cases 

In suits at common law, where the value in controversy 

shall exceed twenty dollars, the right of trial by jury shall 

be preserved, and no fact tried by a jury shall be otherwise 

re-examined in any court of the United States than according 

to the rules of the common law. 

[Adopted 1791.] 

ARTICLE VIII 

Excessive Punishments 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

[Adopted 1791.] 

ARTICLE IX 

Rights op People not named 

The enumeration in the Constitution of certain rights 

shall not be construed to deny or disparage others retained 

by the people. 

[Adopted 1791.] 



ORIGIN AND NATURE 123 

ARTICLE X 

Powers reserved to States 

The powers not delegated to the United State?, by the 
Constitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people. 

[Adopted 1791.] 

ARTICLE XI 

Suits against States 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced 
or prosecuted against one of the United States by citizens 

of another State, or by citizens or subject- of any foreign 

State. 

[Adopted 1798.] 

ARTICLE XII 

Election of President and Vice-President 

1. The Electors shall meet in their respective States and 
vote by ballot for President and Vice-President, one of 
whom at least shall not be an inhabitant of the same State 
with themselves; they shall name in their ballots the per- 
son voted for as President, and in distinct ballots the 
person voted for as Vice-President, and they shall make 
distinct lists of all persons voted for as President, and of all 
persons voted for as Vice-President, and of the number of 
votes for each, which lists they shall sign and certify, and 
transmit, sealed, to the seat of the government of the United 
States, directed to the President of the Senate ; — the Presi- 
dent of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the 



124 NATIONAL GOVERNMENT 

votes shall then be counted; — the person having the great- 
est number of votes for President shall be the President, 
if such number be a majority of the whole number of Elec- 
tors appointed; and if no person have such majority, then, 
from the persons having the highest numbers, not exceeding 
three, on the list of those voted for as President, the House 
of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall 
be taken by States, the Representatives from each State 
having one vote; a quorum for this purpose shall consist 
of a member or members from two-thirds of the States, and 
a majority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose a 
President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then 
the Vice-President shall act as President, as in the case 
of the death or other constitutional disability of the 
President. 

2. The person having the greatest number of votes as 
Vice-President shall be the Vice-President, if such number 
be a majority of the whole number of Electors appointed ; 
and if no person have a majority, then, from the two 
highest numbers on the list, the Senate shall choose the 
Vice-President ; a quorum for the purpose shall consist 
of two thirds of the whole number of Senators, and a 
majority of the whole number shall be necessary to a 
choice. 

3. But no person constitutionally ineligible to the office of 

President shall be eligible to that of Vice-President of the 

United States. 

[Adopted 1804.] 



ORIGIN AND NATURE 125 

ARTICLE XIII 

Slavery 

Section 1. Abolition of Slavery 

Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime, whereof the party shall have been duly 
convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Section 2. Power of Congress 

Congress shall have power to enforce this article by appro- 
priate legislation. 



[Adopted 18650 



ARTICLE XIV 



Civil Rights : Apportionment of Representatives : 
Political Disabilities : Public Debt 

Section 1. Civil Rights 

All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States ; nor shall any 
State deprive any person of life, liberty, or property without 
due process of law, nor deny to any person within its juris- 
diction the equal protection of the laws. 

Section 2. Apportionment of Representatives 

Representatives shall be apportioned among the several 
States according to their respective numbers, counting the 



126 NATIONAL GOVERNMENT 

whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for 
the choice of Electors for President and Vice-President of 
the United States, Representatives in Congress, the execu- 
tive and judicial officers of a State, or the members of the 
Legislature thereof, is denied to any of the male inhabitants 
of such State, being twenty-one years of age, and citizens of 
the United States, or in any way abridged, except for par- 
ticipation in rebellion or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such 
State. 

Section 3. Political Disabilities 

No person shall be a Senator or Representative in Con- 
gress, or Elector of President and Vice-President, or hold 
any office, civil or military, under the United States, or 
under any State, who, having previously taken an oath, as a 
member of Congress, or as an officer of the United States, or 
as a member of any State Legislature, or as an executive or 
judicial officer of any State, to support the Constitution of 
the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a vote of two-thirds 
of each House, remove such disability. 



Section 4. Public Debt 

The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of 
pensions and bounties for services in suppressing insurrection 
or rebellion, shall not be questioned. But neither the United 
States nor any State shall assume or pay any debt or obliga- 



103 



ORIGIN AND NATURE 127 

tion incurred in aid of insurrection or rebellion against the 
United States, or any claim for loss or emancipation of any 
slave ; but all such debts, obligations, and claims shall be 
held illegal and void. 



Section 5. Power of Congress 

The Congress shall have power to enforce, by appropriate 



legislation, the provisions of this article. 



[Adopted 1868.] 



ARTICLE XV 

Rigut of Suffrage 

Section 1. Right of Negro to Vote 

The right of citizens of the United States to vote shall not 
be denied or abridged by the United States, or by any State, 
on account of race, color, or previous condition of servitude. 

Section 2. Power of Congress 

The Congress shall have power to enforce this article by 
appropriate legislation. ^^ ^ 



SUBJECT ANALYSIS 



1. Constitution 



' I. Legislative Department ; [Art. I.] 

1. Its Composition ; 

)1. Division into Two Houses. [Sec. 1.] 
2. House of Representatives. [Sec. 2.] 
3. Senate. [Sec. 3.] 

II. Legislative Regulations ; 

'1. Elections and Meetings. [Sec. 4.] 

2. Powers and Duties. [Sec. 5.] 
(Except law-making powers.) 

3. Privileges of and Prohibitions upon Members,, 
[Sec. 6.] 

III. President's Veto Power. [Sec. 7.] 

IV. Legislative Powers of Congress. 
[Sec. 8.] 

V. Prohibitions upon the United States. 
[Sec. 9.] 
YI. Prohibitions upon the States.* 
[Sec. 10.] 

II. Executive Department— President and 
Vice-President ; [Art. II.] 

* 1. (1) Term, (2) Election, (3) Qualifications, (4) Salary, 
(5) Oath. [Sec. 1.] 

2. President's Executive Powers. [Sees. 2 and 3.] 

3. Subject to Impeachment. [Sec. 4.] 

III. Judicial, Department ; [Art. III.] 

1. (1) Courts, (2) Term of Office, (3) Salary. [Sec. 1.] 

2. Jurisdiction. [Sec. 2.] 

3. Treason. [Sec. 3.] 

* This logically does not belong to the division " The National Government," 
but to "Miscellaneous Provisions," but it is thought best to retain the order of the 



SUBJECT ANALYSIS 129 

I. Relations op States ; [Art. IT.] 

1. Records of one State in another. [Sec. 1.] 

2. Rights in one State of Citizens of another. [Sec. 2.] 

3. (1) New States, (2) U. S. Territory. [Sec. 3.] 

4. Protection of States by Nation. [Sec. 4.] 



II. Amendment. [Art. V.] 

III. (1) National Debt; (2) National Sr- 

PREMACY ; (3) OATH. [Art. VI.] 

IV. Establishment of Constitution. 

[Art. VII.] 

II. Amendments 

1. Arts. I. -VIII. Prohibitions On Congress as to Personal Rights, 

2. Arts. IX. and X. Rights not named in Constitution. 

3. Art. XL JudicialJurisdiction. 

4. Art. XII. Election of President and Vice-President. 

5. Art. XIII. Abolition of Slavery. 

6. Art. XIV. (1) Equal Civil Rights, (2) Apportionment of Repre- 

sentatives, (3) Political Disabilities, (4) Public 
Debt. 

7. Art. XV. Right of Suffrage. 

Constitution itself. There are some other cases where the true logical order is not 
followed in the Constitution. The provisions regarding the choosing of officers and 
impeachment in sections 2 and 3 of Article I. would more properly come in section 
5, as they relate to certain powers of the Houses. That regarding revenue bills in 
section 7 would properly fall in the following section, as it relates to the law-making 
powers of Congress. 





130 NATIONAL GOVERNMENT 



SECTION II.— LEGISLATIVE DEPARTMENT 
CHAPTER XXV 

HOUSE OF REPRESENTATIVES 

1. Preamble — The preamble is an important part of 
the Constitution. The object of the Constitution was 
to remedy the defects existing under the Confedera- 
tion, and some of the clauses of the preamble refer to 
those defects (1).* We have seen that the Union then 
was a very imperfect one. Instead of there being 
" domestic tranquillity," the States were continually 
quarrelling. It was impossible to " provide for the 
common defence " of the country against foreign ene- 
mies, or to " promote the general welfare " by broad 
measures, unless there were a strong central govern- 
ment. Had the Constitution not been adopted and 
had the States remained independent, it is not proba- 
ble that the country would have had the unexampled 
prosperity that it has. 

2. Congress — This is the name of the national legis- 
lative body, and like the State legislatures it is divided 
into two Houses, called the Senate and House of 
Representatives (2). The former represents the States, 
and the latter the people. The members of the 
House,f called Representatives, are elected by the 
people of the States every second year (3). Members 

* These numbers refer to the paragraphs of the Constitution. The 
pupil should turn back to it at each reference. 

f The House of Representatives is frequently called simply the 
" House " when spoken of in connection with the Senate. 



LEGISLATIVE DEPARTMENT 131 

of the Congress under the Confederation were ap- 
pointed by the State legislatures, and for one year. 

3. Electors— There was much discussion and differ- 
ence of opinion in the Convention as to what should 
be the qualifications of the voters who should elect the 
Representatives. The qualifications of electors were 
various in the different States. In some of them 
owners of property, or tax-payers, in others freehold- 
ers* only, were voters. In some, only the latter voted 
for the higher officers; in a few, suffrage was almost 
universal. Finally, as a compromise, it was decided 
that the qualifications should be the same in each 
State as those requisite for electors of its lower house, 
as it was presumed no State would object to such a 
rule (3). 

4. Qualifications — A Representative must he 
twenty-five years of age, must have been a citizen 
seven years, and must live in the State from which he 
is chosen (4). The reasons for this will be readily 
understood. If voters must have certain qualifica- 
tions, surely those who make laws for them should 
have higher ones. (See Chap. V.) 

5. Number — The Constitution docs not limit the 
House to any definite number of Representatives; 
only declares that the number shall not exceed one for 
every 30,000 inhabitants. Otherwise it might become 
too large. It requires an enumeration of the inhab- 
itants every ten years ; and the next Congress there- 
after determines the ratio of representation f and the 

* A freeholder is one owning land, either absolutely or during his 
own or another's life. 

f The word ratio signifies rate, or proportion. It here means the 
number or portion of the inhabitants entitled to a representative. 



132 NATIONAL GOVERNMENT 

number of Eepresentatives, and apportions them among 
the States (5). 

6. Present Number — The first House of Eepre- 
sentatives consisted of sixty-five members, and the 
ratio was about one to every 50,000 inhabitants. 
Since then, as the population has increased, Congress 
has increased the ratio, in order that the House might 
not grow too large to transact business ; but in spite of 
that the House has grown, until now (1894) it consists 
of three hundred and fifty-six members, being about 
one for every 173,900. 

7. Every State Represented — But it may happen 
(and has happened) that some States have not a popu- 
lation equal to the ratio. In view of this the Constitu- 
tion provides that no State shall lose its representation 
in the House, by declaring that each State shall have 
at least one Representative (5). 

8. Apportionment — With regard to how many Eep- 
resentatives the different States should have, the Con- 
vention found it difficult to agree. In the Congress 
under the Confederation, it will be remembered, the 
States were entitled to an equal number of delegates, 
and each State had one vote. But now it was pro- 
posed to apportion the Eepresentatives according to 
population. On this point there were two causes of 
contention. First : The small States opposed it, be- 
cause it gave them fewer Eepresentatives, and there- 
fore less poAver in Congress. The large States insisted 
on it, saying that they ought to have greater power 
because they had greater interests. Finally the small 
States yielded with regard to the House of Eepresenta- 
tives. Second: The slaveholding (Southern) States 
claimed that, in reckoning the population for the pur- 



LEGISLATIVE DEPARTMENT 133 

pose of apportioning Representatives, slaves should 
be included ; the non-slaveholding (Northern) States * 
insisted that only free persons should be included, as 
the slaves could not vote themselves, and it was unjust 
to give the free persons extra votes simply because 
they owned certain property — that being what slaves 
were considered. The controversy on this point rose 
so high, and the parties were for a long time so 
unyielding, that fears were entertained of a sudden 
dissolution of the Convention. 

9. Result — The result was a compromise. The 
Northern States finally consented that three-fifths of 
the slaves [the words " all other persons " in section 2 
(5) mean slaves] should be counted, and the Southern 
States consented that direct taxes should be laid on 
the same basis ; so that the Southern States would 
have the larger share of Representatives, but would 
pay the larger share of direct taxes, t But, as it 
resulted, the advantage, contrary to anticipation, was 
almost wholly on the side of the Southern States, for 
very few direct taxes were laid before the late Civil 
War, and thus they obtained the increased represen- 

* Slavery then existed in all the Stales except Massachusetts ; but 
as there were very few slaves in the Northern States, they are gener- 
ally spoken of as if they were at that time non-slaveholding States. 

\ To illustrate this rule by an example « Suppose a State contained 
600,000 free persons and 500,000 slaves. Adding three- fifths of the 
number of slaves (300,000) to the number of free persons gives 
900,000 as the number of the representative population : and the 
State would have been entitled to three Representatives for every 
two that a State which contained 600,000 free inhabitants and no 
slaves would have. So in apportioning taxes according to popula- 
tion, the State in the case we have supposed would have been obliged 
to raise three dollars for every two that it would have been obliged 
to raise if no slaves had been counted. 



134 NATIONAL GOVERNMENT 

tation without the corresponding increase in taxa- 
tion. 

10. Present Rule — The state of things described in 
the last section with regard to apportionment existed 
up to the Civil War. The 13th, 14th, and 15th Amend- 
ments changed the system. Now Bepresentatives are 
apportioned in proportion to the total population, 
whether white or black (100).* 

11. Territories — By an act of Congress, every Ter- 
ritory in which a government has been established is 
entitled to send a delegate to Congress, who has a 
right to take part in the debates of the House, but not 
the right of voting there. 



CHAPTER XXVI 

SENATE 

1. Reasons for Two Houses — In this country and 
in England it is thought best that the legislative body 
should consist of two houses. If there were only one 
house it might pass some very harmful or unjust 
laws, either through undue haste, ignorance, popular 
excitement, or the undue influence of popular but mis- 
taken leaders. But if there were another house, it 
would be improbable that the very same influences 
should exist in both, and thus one house would correct 
the hasty legislation of the other. And if one house 
were of a higher grade than the other, composed of 
wiser men, it is seen that its restrictive influence 
would be of the greater value. 

* The number of Indians not taxed is so small that it need not be 
considered. 



LEGISLATIVE DEPARTMENT 135 

2. Character of Senate — For these reasons the Con- 
stitution has established the Senate, and has made it a 
body of greater dignity than the House of Representa- 
tives. The causes which make the Senate the more 
select body are four in number : (1) It has fewer mem- 
bers; (2) they are elected by the State legislatures 
instead of by the people ; (3) the term of office is 
longer ; and (4) the qualifications are higher. 

3. State Equality — In the Senate the States are 
equal in power, each having two members (8). The 
Convention readily agreed upon dividing Congress 
into two branches; but, as lias been observed, it was 
difficult to settle the mode of representation. The 
delegates from the large States insisted upon a repre- 
sentation in proportion to population, in the Senate as 
well as in the House; and the small States contended 
for equality in both branches. The debate was long 
and animated; and it became apparent that, as in the 
case of slave representation in the House, there must 
be a compromise. This was at length effected; the 
small States consenting to a proportional representa- 
tion in the House, and the large States to an equal 
representation in the Senate.* Thus while the House 
represents the people, the Senate represents the States, 
and this is one instance in which the federation prin- 
ciple is retained. (See page 103, sec. 7.) 

4. Voting- — In the Congress under the Confedera- 
tion the voting was by States, but the Senate differs 

* It Will be noticed that in the Convention which framed the Con- 
stitution there were many opposing interests, and that compromises 
were frequently necessary, each State giving up something. It was 
a spirit of patriotism which caused this, as well as the instinct of 
self-preservation, for without compromise no permanent union could 
have been formed, saving the rights of all. 



136 NATIONAL GOVERNMENT 

in that respect. There the Senators vote separately, 
the vote of each Senator counting one, as in the 
House ; and a question is decided by the united votes 
of a majority of the members, and not by the vote of 
a majority of the States (8). 

5. Term — The period of six years was also the 
result of a compromise in the Convention (8). The 
terms proposed varied from three to nine years, or 
even longer. One object in making it longer than a 
Representative's term was to obtain a body of men 
wiser and more experienced than the House would 
contain. Where a man is to be elected for a long 
term, greater care will be used in selecting him. A 
second object was to obtain independence of popular 
impulses. The Representatives were to reflect the 
will of the people, and so it was provided that they 
might be often changed: but the Senators were to 
serve as a check upon hasty action by the people's 
representatives, and for this purpose they must feel 
independent of the people to a certain degree. A 
long term tends to give this independence. A third 
object was to check frequent changes in the laws. 
The oftener a legislature is changed the more change- 
able and uncertain will be the laws ; and uncertainty 
and change often do more injury than evil laws. 

6. Gradual Change — Senators are not all elected at 
the same time. One-third go out of office every two 
years (9). In favor of this arrangement are two im- 
portant considerations. First : It secures to the public 
at all times the benefit of the experience of at least 
two-thirds of the body. "Whereas, if the terms of all 
the Senators expired at once, their places might be 
supplied mainly by new members without the requi- 



LEGISLATIVE DEPARTMENT 137 

site knowledge and experience. Second : While a long 
term is intended to guard against the too frequent 
changes in the laws, it may also prevent, for too long 
a time, the amendment or the repeal of bad laws. 
Such amendment or repeal may be hastened by the 
election of new members in the place of the one-third 
who retire every two years. 

7. Qualifications — Why these are higher than in the 
case of Kepresentatives has been explained (see sec. 2). 
An additional reason for requiring them to have been 
citizens of the United States nine years is found in the 
fact that, with the President, they make treaties with 
foreign nations (62). A Senator should therefore have 
lived here long enough to have become free from bias 
in favor of his native country. 

CHAPTER XXVII 

GENERAL LEGISLATIVE REGULATIONS* 

1. Choice of Officers — It is considered important in 
legislative bodies that each house should have the 
choice of its own officers, in order that it may have 
proper control of them. A Speaker not responsible 
to the House of Representatives (e.g., if appointed by 
the President) might baffle the will of the entire 
House. One exception to this rule is that the Vice- 
President presides in the Senate. The States follow 
this by having the Lieutenant-Governor preside in the 
State Senate (7, 12). 

* Most of the provisions contained in sections 4, 5, 6, and 7 of 
Article I. will be easily understood, and many of them are similar to 
provisions in the State constitutions. We will speak only of a few 
which require some explanation. 



138 NATIONAL GOVERNMENT 

2. Impeachment — Impeachment and its trial have 
been described before (see page 82). As in the State 
legislatures, so in Congress, the lower House impeaches 
and the upper House tries. The officers subject to 
impeachment by the national House of Kepresenta- 
tives are the President, Vice-President, and all civil 
officers of the United States (not of any State) (65). 
This means all members of the civil (i.e., not military), 
executive, and judicial departments of the nation. 
Thus neither members of Congress nor of the army 
or navy can be removed in this way. In practice only 
officials of the highest rank are ever impeached. 

3. Meetings of Congress — Congress meets every 
year, in December (16). But as every second year 
the entire House of Eepresentatives and one-third of 
the Senate are elected anew, the two sessions follow- 
ing an election are classed together and called " A 
Congress." The meeting of Congress in December, 
1893, was the first session of the 53d Congress. 

4. Rules — Like State legislatures, each House of 
Congress has its rules, which in most cases are strictly 
followed. A bill is introduced, referred to its appro- 
priate committee, reported by the committee, read, 
debated, and passed (or rejected), in substantially the 
same manner as in State legislatures (see page 44). 
But at any time either House may set aside all its 
rules, and pass laws in any manner it sees fit, provided 
no provision of the Constitution is violated. 

5. Salary — In the Convention there was much dis- 
cussion as to whether it Avould be wise to allow salaries 
to members of Congress. On the one hand it was 
said salaries would tempt unworthy men to intrigue 
for an election ; on the other hand, the worthiest men 



LEGISLATIVE DEPARTMENT 139 

might be shut out through poverty if no compensation 
were allowed. It was decided to allow compensation. 
The amount is fixed by ( !ongress itself (21). 

6. Arrest of Members — Members of Cong 
(except in certain cases) cannot be arrested when 
Congress is in session (21). This is in order that the 
people who elect them may not be deprived of their 
services. 

7. Liberty of Speech — The clause which Bays that 
a member "shall not be questioned in any other 
place" for any speech, means that lie shall not be 
sued, either civilly or criminally, for anything he says 
in debate (21). This is in order that members may 
feel the fullest freedom and independence. 

8. Revenue Bills — These are bills for raising money 
for the government, either by direct or indirect taxa- 
tion. All other laws may originate in either House, 
but these must be passed by the House of Representa- 
tives first (23). The reason for this is that since the 
people pay the taxes, it is appropriate that the Repre- 
sentatives elected directly by them should propoe 
such laws. 

9. Veto — But a bill having passed both Houses is 
not yet a law. It must be presented to the President, 
who is thus a part of the legislative department. 
There are three ways in which a bill, after having 
passed both Houses, may become a law : (1) it may be 
signed by the President ; (2) he may neglect to sign it 
for ten days ; and (3) he may return it to Congress 
within ten days, and each House may pass it a second 
time by a two-thirds vote (2-4, 25). 



140 NATIONAL GOVERNMENT 

CHAPTER XXVIII 

POWERS OF TAXATION 

1. Nature of the National Government — Before 
treating of the several legislative powers we will first 
speak of a certain characteristic of the General Govern- 
ment in which it differs from the States, and which must 
be always kept in mind when considering its law-mak- 
ing powers. The United States Government is a gov- 
ernment of delegated powers ; that is, powers which have 
been delegated to it by the States, or the people of the 
States. It has only such powers as the People have 
given it, in the Constitution. Hence it is called a gov- 
ernment of limited powers. The States, on the other 
hand, existing before the General Government, and 
possessing entire sovereignty, at least in theory, may 
exercise all powers which they have not surrendered 
to the General Government. In other words, their 
powers are unlimited, except so far as they have parted 
with any of their original powers. Therefore, when 
the question arises whether the President or Congress 
have certain powers, we look in the Constitution, and 
if they are not there granted, they do not exist. But 
when the question arises, with regard to a State, 
whether its people have a certain power, we approach 
it from the other side and say they have the power 
unless the United States Constitution has received it. 
Most of the legislative powers of Congress are enu- 
merated in Article I., section 8. The first one grants 
the power to tax (26). 

2. Necessity for the Taxing Power — This is one of 



LEGISLATIVE DEPARTMENT 141 

the most important powers of government. A gov- 
ernment without the power to raise money hardly 
deserves the name. Without money it would have no 
power to enforce obedience to its laws, for it could not 
pay soldiers or civil officers, and men will not serve 
without pay. We have seen how the Confederation 
tried the experiment and failed.* This was one of its 
errors, corrected in the Constitution. 

3. Manner of Taxation — Taxes \ may he laid by 
the General Government in three ways: (1) upon per- 
sons directly, as poll or property taxes ; (2) upon 
goods when they are imported into the country from 
abroad; or (3) upon goods when they are manufactured 
and used here. This clause (26) would also grant the 
power to lay export duties — that is, duties to be paid 

* See page 98. 

f The four words, taxes, duties imposts, and excises, are not used 
to mean four different things, but only to cover all the usual methods 
of taxation. These words have not fixed meanings. Some of them 
have different meanings In different connections. At limes Borne 
have the same meaning as others. Their most usual meanings when 
used in connection with one another are perhaps these : taxes, direct 
taxes laid on individuals, either as poll taxes, or taxes in proportion to 
property (see Chap. XV. for distinct ion between direct and indirect 
taxes) ; duties, indirect taxes of all kinds, including taxes on exports, 
imports, and excises ; imposts, duties on imports ; excises, duties 
on goods manufactured and used here. Another word, customs, 
usually means duties on imports and exports, but in this country, 
since there are no export duties, it usually means the same as imposts 

Duties are specific and ad valorem. A specific duty is a specified 
sum of money charged upon every yard, pound, or gallon of any 
commodity. Thus, a duty of ten cents on a pound of tea, or of one 
dollar on a yard of cloth, or of fifty cents on a gallon of wine, is a 
specific duty. Ad valorem is a Latin phrase, signifying according to 
the value. An ad valorem duty is a certain percentage on the value 
or price. 



142 NATIONAL GOVERNMENT 

on goods when sent from this to foreign countries — 
did not a later provision forbid it (48). 

4. Objects — The objects for which taxes may be laid 
are also enumerated in the same clause (26). Since it 
is the theory of the Constitution that Congress shall 
have power over only those matters which affect the 
whole country, leaving all local matters to the States, 
so no tax can be laid except for some purpose of inter- 
est to all the people of the Nation. But the phrase 
" general welfare " is very broad. 

5. Uniformity — The Constitution is careful to pro- 
vide that no State shall pay more than its just share of 
taxes. There are several provisions regulating this. 
First, direct taxes must be laid in proportion to popu- 
lation (5) ; second, all indirect taxes which may be laid 
(i.e., imposts and excises) must be uniform throughout 
the country (26) ; third, no export duties can be laid 
(48). The reasons for the last provision are that a 
tariff * of export duties which would bear equally on 
the States would be very difficult to make, since they 
do not export the same articles, some exporting cot- 
ton, others grain, and others manufactures, and that it 
would constitute a constant cause of irritation between 
the States. For instance, the Eepresentatives of the 
cotton and grain States might combine and pass a law 
laying very low duties on cotton and grain and high 
ones on manufactures. 

6. Taxes which have been laid — Up to the late 
Civil War very few direct taxes had been laid by the 
National Government. They were then laid for a few 
years, but now (1894) there are none. Some excise 
duties have been and are now laid, chiefly on liquors 

* A tariff means a list of duties laid. 



LEGISLATIVE DEPARTMENT 143 

and tobacco, articles that are not necessary to the 
people, but are luxuries. During the Civil War the 
excise duties collected were about equal to the cus- 
toms. But from the beginning very many duties on 
imports have been laid, and it is from this source that 
most of the revenue has been raised. 

7. Power to Borrow Money — This is given to ( on- 
gress for the reasons already described, which justify 
State debts (page 74, sec. 7) (27). This power was 
exercised during the war until the national debt 
nearly reached the sum of $3,000,000,000. Without 
this power the government would have been almost 
helpless, for its regular income would have been 
wholly inadequate. 

CHAPTER XXIX 

POWER TO REGULATE COMMERCE (28) 

1. Why given to Congress — This was for two rea- 
sons : (1) because it was a matter of general and univer- 
sal interest, and (2) because of the benefits that would 
flow from uniformity. The need of no power was more 
deeply felt under the Confederation than the power to 
regulate foreign trade. We thus see that the power to 
lay duties comes from two clauses. One (26) gives 
Congress the power, but only for purposes of revenue. 
If none should be needed for that purpose, or if the 
duties laid for revenue were not sufficient to regulate 
commerce, they might be laid under the other clause 
(28) to an}^ amount. 

2. Nature of Regulation — This regulation is of two 
kinds : (1) the laying of duties on goods imported from 



144 NATIONAL GOVERNMENT 

abroad, for the purpose of protecting the commercial 
interests of this country ; and (2) making regulations 
which shall tend to render navigation less dangerous. 
The manner and object of regulating commerce by 
means of import duties will be seen if we consider 
the trade of England and America as it was after the 
Revolution. 

3. Retaliatory Duties — England pursued the policy, 
for her own benefit, of laying heavy duties on mer- 
chandise imported there from this country. That 
injured us, and so, in order to compel her to abandon 
the policy, we wished to lay duties on articles sent here 
by the English merchants.* Under the Confederation 
this was attempted, but as each State could lay what 
duties it chose, there was no uniformity, and each 
would try to secure the trade by laying lower duties 
than the rest. So the Constitution gave Congress 
exclusive authority over the whole subject, and retali- 
atory duties were laid. 

4. Protection — Another way in which it was 

* The effect of these duties may not be quite clear : Suppose the 
market value of a bushel of wheat in Great Britain to be $1, and the 
cost of raising the article here and carrying it there to be (together) 
$1. We can then raise it here and sell it there along with the Eng- 
lish producer. If now a duty of 40 cents a bushel is laid upon wheat 
from abroad, we cannot sell it for less than $1.40, and the English 
consumer, instead of buying it with this duty added, will buy of the 
English producer. But, the people of this country being then chiefly 
agricultural, more wheat was produced here than there was a market 
for, and the American farmer was dependent on the foreign markets. 
Being shut out of the English market, the value of our products fell, 
and we suffered loss. It was thought then that if we retaliated and 
laid duties on manufactured articles (of which England sent us a 
great number), and so shut them out, she would be influenced to 
abandon her duties. 



LEGISLATIVE DEPARTMENT 145 

thought duties on imports would protect the commer- 
cial interests of the country was in encouraging and 
protecting the manufacturing interests.- This theory 
is called protection, and is the policy which the country 
has followed. High protective duties have been laid 
almost from the beginning, on articles manufactured 
from cotton, wool, and iron. 

5. Free Trade — But it is believed by many that 
protection is a mistaken policy, at least in this country 
at present, and that while it encourages manufactures 
it injures some other interests. The opposing policy is 
called free trade. Its supporters urge that if the yard 
of cloth can be brought here and sold for less than it 
can be made here, the people who pay for it lose by 
shutting it out, and the few manufacturers are the only 
ones avIio gain.f The British Government now acts 
on the policy of free trade. 

6. Collection of Duties — Certain places on the 
coast are designated by the laws of Congress, called 

* Suppose foreign cloth of a certain quality is sold in this country 
for $2.50 a yard, and cloth of the same quality manufactured here 
cannot be made for less than $0 a yard. There would now be no 
encouragement to any one to engage in the manufacture of such 
cloth, because, in order to sell it, he must reduce the price to that of 
the foreign article, which would subject him to a loss of 50 cents a 
yard. Let now a duty of $1 a yard be laid upon the foreign cloth, 
and the price would be $3.50, and preference would be given to the 
domestic article, unless the importer should reduce the price of his 
foreign cloth to $3 ; in which case, it is to be presumed, about an 
equal quantity of each would be consumed, and the duty of $1 a 
yard on the foreign cloth would go into the United States Treasury. 

f The question of free trade or protection belongs to the science of 
Political Economy ; and it is therefore necessary in a work of this 
character only to refer to the matter and not attempt to give the 
arguments used in support of either policy. 
10 



146 NATIONAL GOVERNMENT 

ports of entry, and a vessel must first come to one of 
these, where the master delivers a statement of the 
cargo to an officer, appointed by the President, called 
a collector of customs. The cargo is then examined, 
and the duties calculated and paid to the collector. If 
not paid the collector seizes the goods, which are for- 
feited to the government. 

7. Registry — Another regulation of commerce is 
that by which a vessel built and owned in this country 
may be registered on the collector's books as an Amer- 
ican vessel. As such it has certain privileges which 
foreign vessels do not have. A foreign vessel is not 
allowed to engage in the coast trade here. An Amer- 
ican vessel, registered, is in all places entitled to the 
full protection of our government, and if it is taken 
or injured by foreigners in foreign waters, the United 
States Government must demand reparation from the 
government to which they belong.' 

8. Clearance and Entry — Every time a vessel (for- 
eign or domestic) leaves a port, what is called a clear- 
ance must be obtained. This is a certificate by the 
collector that all the fees upon the vessel have been 
paid, and the law been complied with in all respects. 
So when a vessel arrives at a port, the master must 
report its arrival to the collector of the port, deliver 
up a statement of its cargo and the clearance he re- 
ceived at the port from which he came. This is called 
entering the vessel.* 

9. Navigation Laws — Coming now to the second 
class of regulations of commerce, Congress has passed 
many laws to render navigation less dangerous. The 

*In the coasting trade between ports of the United States, clear- 
ance and entry are not required, in general. 



LEGISLATIVE DEPARTMENT 147 

following are some of the subjects: providing for 
light-houses, buoys, signal stations, and life-saving sta- 
tions along the coast; improving harbors; requiring 
vessels to take licensed pilots when near the coast: 
prescribing how many passengers and what provisions 
shall be carried; quarantine; * and many similar ones. 
10. Commerce with Indians — In granting to Con- 
gress the power to regulate commerce f " with the 
Indian tribes," it was intended to lessen the dangers 
of war. Murders and war had been provoked by the 
improper conduct of some of the States. It was be- 
lieved that by a uniform policy difficulties would be 
more likely to be prevented. Tin's was more impor- 
tant then than now, when the number of Indians has 
become so insignificant. 

CHAPTER XXX 

OTHER POWERS RELATING TO TEACE 

1. Citizens and Aliens — The general distinction 
between them is this: citizens are those born in this 
country ; \ aliens are those born in a foreign country, 
whether living here or in the foreign country. Both 

*This means a period of time for which vessels are detained before 
entering a port, so that they may be examined to see if there is any 
malignant disease onboard. Quarantines are required by the health 
laws of the States ; and by the laws of Congress vessels are to be 
subject to the health laws of the State at whose ports they arrive. 

f Commerce, in a broad sense, as used in this clause of the Consti- 
tution, means not only trade by sea and land, but all intercourse. 

X Prior to the Civil War white people alone were citizens in the 
Southern States, but now under the 14th Amendment white and 
black stand on the same basis (99). 

Children take the citizenship of their parents. 



148 NATIONAL G0VERN3IENT 

include men, women, and children. But after living 
here a certain time an alien may become a citizen. 
Aliens have not all the rights of citizens. They can- 
not vote (see page 27).* In many States they have 
not full power to own real estate. In general, they 
are considered subjects of the nation from which they 
come, and not of this. 

2. Naturalization — But to deny foreigners the 
rights of citizens after they shall have acquired a fixed 
residence here, and a knowledge of their civil and politi- 
cal duties, would be illiberal and unjust. The process 
by which an alien may become a citizen is called nat- 
uralization. Congress has the power to make a uni- 
form rule (29). The reason for this is that if it were 
left to the States, a person having become naturalized 
in one State might, on removing into another, be de- 
prived of the rights of citizenship until he should have 
been naturalized by the laws of such State. Besides, 
by the Constitution a citizen of any State is entitled 
to the privileges of a citizen in any other State (73). 
Now, after a person is once naturalized, he is a citizen 
of the United States and also of the State in which he 
resides at the time (99). By removing to another he 
becomes a citizen of that. 

3. When Allowed — The laws of Congress prescribe 
that an alien may be naturalized after living in this 
country five years. The first step is to declare on 

* Naturalization and the right to vote are two separate matters, 
which must not be confused. Not all of those who are naturalized 
are given the right to vote (e.g., women and children). Although 
most States do give foreigners the right to vote, when naturalized, 
still they need not ; and some States even allow some aliens to vote. 
The State regulates voting, the United States naturalization. 



LEGISLATIVE DEPARTMENT 149 

oath before a court that it is his intention to become a 
citizen. This declaration he may make as soon as he 
arrives, or at any time. After the declaration he must 
wait two years. After that, the court, if satisfied that 
he has resided five years in the United States, and one 
year in the State in which the court is held, may admit 
him as a citizen. lie then, before the court, renounces 
his allegiance to his old country, and swears to support 
the Constitution of the United States. But no alien 
can be compelled to become a citizen against his will. 
4. Bankrupt Laws — A "bankrupt is an insolvent 
debtor; that is, a person who is unable to pay all his 
just debts. A bankrupt law is a law which, upon an 
insolvent's giving up all his property to his creditors, 
discharges him from the payment of his debts. Such 
laws are designed for the benefit of honest and unfor- 
tunate debtors, who, by having the enjoyment of their 
future earnings secured to them, are encouraged t<» 
engage anew in industrial pursuits. The reason the 
power was given to Congress to pass such laws (29) 
was that if it were left to the States the object could 
not be accomplished. No State law could release a 
debtor from debts to a creditor living out of the State, 
nor from debts contracted in another State. The dis- 
similar and conflicting laws of the different States, and 
the entire want of them in others, had caused great 
inconvenience. Important as such laws were deemed, 
there is now (189-1) no national law on the subject.* 

* Three such laws have been passed by Congress. Two of them 
existed but a year or two. The third was passed in 1867 and lasted 
until 1878. The reason for this short duration was the general senti- 
ment that it allowed many dishonest debtors to procure a release f rein 
their debts. 



150 NATIONAL GOVERNMENT 

5. Coinage — The coinage of the money is in every 
country a prerogative of the government. Congress 
has several powers with regard to coinage (30). No 
State can coin money (51). The object here, also, was 
to make uniformity throughout the country. Exercis- 
ing these powers Congress has passed laws by which 
we have a uniform currency throughout the Nation, 
and the convenient decimal system of dollars and 
cents, instead of the awkward system of pounds, shil- 
lings, and pence which existed before the Constitu- 
tion. The value of coin has been regulated in different 
ways : such as, by deciding how much metal (gold or 
silver) shall be put in a given coin, or what domestic 
coins foreign coins shall be equal to. The place where 
money * is coined is called a mint There are several 
in the country, the principal one being at Philadelphia. 

6. Weights and Measures — For the convenience of 
trade between the States, the weights and measures, 
like the coinage, should be the same in all the States. 
Without such uniformity commerce among the States 
would meet with very great embarrassment. Yet Con- 
gress has never exercised the power given it on this 
subject (30). The States still have the power to adopt 
their own standard.f 

* It must be remembered that coin is not the only money in the 
country. We have now in use United States notes, national-bank 
notes, gold and silver certificates, etc. Only coin and the United 
States notes are legal tender — i.e., if a man wishes to pay a debt he 
must pay with one of those two, if the creditor insists upon it. 

f The weights and measures used throughout the States are, how- 
ever, substantially the same. In 1836 the United States Govern- 
ment sent to each State a full set of weights and measures, as used 
in the Custom House, and these havo been adopted by the States as 
their standards. 



LEGISLATIVE DEPARTMENT 151 

7. Post-OflSce — The power of Congress over the 
mail is one of the most important it has (32).* In 
every nation the government assumes charge of the 
Post-office. It is impossible to conceive all the diffi- 
culties which might attend the exercise of this power 
had it been left to the different States. A uniform 
system of regulations is indispensable to efficiency, 
and could be secured only by placing this power in 
the hands of Congress. 

8. Protection of Authors and Inventors — This 
Congress has power to effect by granting copyrights 
and patents (33). "Science and useful arts" are pro- 
moted by new books and new inventi< >ns. But if every 
man had the right to print and sell every book or 
writing, without compensation to the author, there 
would be little to encourage men of ability to spend, 
as is often done, years of labor in preparing new and 
useful works, Kor would men of genius be likely to 
spend their time and money in inventing and con- 
structing expensive machinery, if others had an equal 
right to make and sell the same. This power is given 
to Congress for the reason that if the States alone 
exercised it, no State could punish infringers beyond 
its own limits. In pursuance of the power here given, 
Congress has enacted the copyright and patent laws. 

9. Copyright — A copy rigid is the sole right to print 
and sell a book, map, etc. It is obtained by the 
author by following a few simple requirements, the 
chief one of which is the mailing of two copies as 
soon as it is published to the Librarian of Congress. 

* A post-road is a road over which the mail is carried. All rail- 
roads are by law made post-roads, and there are very many others 
besides. 



152 NATIONAL GOVERNMENT 

This secures to the author the sole right to print 
and sell his work anywhere in the United States for 
twenty-eight years, at the expiration of which time 
he may have his right continued for fourteen years 
longer. 

10. Patents — A patent is the sole right to make, 
use, or sell a new invention. It is obtained by the 
inventor from the government, but there is much 
more to be clone than in the case of a copyright. 
The Commissioner of Patents superintends the grant- 
ing of patents. The Patent Office is a part of the 
Department of the Interior (see page 178). To secure 
his patent the inventor must send to the Commissioner 
of Patents a written description of his invention, with 
drawings and model, and specify the improvement 
which he claims as his own discovery. If the exam- 
iners do not find that the invention had been before 
discovered, a patent is issued therefor, on the payment 
of certain fees. This secures to the inventor the sole 
right to make, sell, or use his invention anywhere in 
the United States for seventeen years.* 

11. Courts — Under the power to establish inferior 
courts (34) Congress has established a system of courts 
which will be described later (see page 180). 

12. Piracy — Congress (and not the States) has power 
to define and punish crimes committed on the high 
seas (35). Piracy is commonly defined to be forcible 

* In the case of both copyrights and patents, the granting of 
them is not proof that the book or invention is new. If any one is 
sued for infringement [i.e., printing the book or using the invention 
without permission from the one holding the copyright or patent) he 
may claim that the book or the invention is not new, and if he 
proves it the court adjudges the copyright or patent to be void. 



LEGISLATIVE DEPARTMENT 153 

robbery or depredation upon the high seas. But the 
term fdvrvy * was not exactly delined by law. conse- 
quently its meaning was not the same in all the States. 
It was sometimes applied to capital offences only; at 
other times, to all crimes above misdemeanors. The 
power to define these offences is given to ( longress for 
the sake of uniformity, and the power to punish 
them, because the States have no jurisdiction beyond 
their own limits. 

13. Offences against tlie Law of Nations — Xor 
were these clearly defined. The power to define and 
punish them is given to Congress (35), because our 
citizens are regarded by foreign nations as citizens of 
the United States and not as citizens of their respec- 
tive States; and therefore the General Government 
alone is responsible to foreign nations for injuries 
committed on the high seas by our citizens. 

14. District of Columbia — In L790 this became the 
seat of government. Over it, and over all the forts, 
arsenals, etc., belonging to the United States, Congress 
has exclusive authority f (-42). This authority is 
necessary for the protection of the government. If 
the seat of government were within the jurisdiction 
of a State, Congress and, other public officers would 
be dependent on the State authority for protection in 
the discharge of their duties, and the State might 
refuse them protection. \ 

* Generally used to denote an offense of a high grade, punishable 
either capitally, or by a term of imprisonment. 

f So also with regard to all territory not included within any 
State (see page 190). 

X This actually happened to the Continental Congress. It was 
once, near the close of the Revolution, treated with insult and abuse 
while sitting at Philadelphia ; and the executive authority of Penn- 
sylvania having failed to afford protection, it adjourned to Prince- 
ton, in the State of New Jersey. 



154 NATIONAL GOVERNMENT 

15. Implied Powers — It is a general rule that 
where one is granted the power to do a thing, it 
implies that he shall have power to use all the neces- 
sary means to accomplish it. The last clause of sec- 
tion 8 (43) then was unnecessary, for the granting of 
the " foregoing powers " granted also the power " to 
make laws necessary and proper for carrying them 
into execution." * The reason the clause was added 
was to satisfy all possible doubt. Under this right of 
implied powers Congress has passed laws which it has 
been difficult to refer to their proper clauses in the 
Constitution, and which have occasioned much discus- 
sion; such as laws establishing the national banks, 
incorporating railroads, purchasing foreign territory 
(such as Louisiana and Florida), and making the 
United States notes legal tender. In very many cases 
the laws passed under implied powers are wider in 
their scope and more important than those expressly 
authorized. 

16. Other Powers — In other parts of the Constitu- 
tion other legislative powers are given to Congress. 
They will be noticed in their order. 

* For example : The power " to regulate commerce " includes 
the power to cause the construction of breakwaters and light- 
houses, the removal of obstructions from navigable rivers, and the 
improvement of harbors ; for in regulating and facilitating com- 
merce these works and improvements are necessary. So the power 
" to establish post-offices " implies the power to punish persons for 
robbing the mail. 



LEGISLATIVE DEPARTMENT 155 

CHAPTER XXXI 

POWERS RELATING TO WAR 

1. Declaring War — Congress alone has this right 
(36). It is very evident that a single State ought not 
to be allowed to make war. The power to declare it 
is justly given to the National Government, bee 

the people of all the States become involved in its 
evils. In monarchical governments this important 
power is exercised by the king, or supreme ruler. But 
here it is entrusted, not to the President, but to the 
representatives of the people, because the people are 
they who have to bear the burdens of war. 

2. Letters of Marque and Reprisal — These are 
commissions issued by a government t<> private persons 
authorizing them to seize the property of a foreign 
nation or its subjects, as a reparation for some injury.* 
Congress has exclusive power to grant them (36, 5 1 '. 
A State should not be permitted to authorize its citi- 
zens to make reprisals; for, although such authority, 
when granted in time of peace, is designed to enable 
the citizens of one country to obtain redress for inju- 
ries committed by those of another, without a resort 

* They are sometimes Galled simply letters of marque, and are 
often issued in time of war, and sometimes in time of peace. When 
issued, it is generally to the owners or master of some armed vessel, 
which then goes out and captures the vessels and property of the 
foreign nation on the ocean. Such a vessel is called a privateer 
(see page 281). 

This method of obtaining reparation seems more like retaliation. 
But many things are allowed in war which are not justifiable at other 
times. Privateering is not as extensively practised as formerly. 



15G NATIONAL GOVERNMENT 

to war, the tendency of reprisals is to provoke rather 
than to prevent war; and when granted in time of 
war it is merely one means of carrying on the war. 
In both cases the National Government alone should 
have the power to grant the commissions, as it alone 
has the power to declare war, because the whole coun- 
try may become involved. The entire subject of war 
is taken away from the States and given to the 
Nation. 

3. Captures — As a part of its power over war, Con- 
gress has power to make rules concerning the property 
captured in time of war. The general practice is to 
distribute the proceeds of the property among the cap- 
tors as a reward for bravery and a stimulus to exer- 
tion. The property captured is called prize. But 
proof must be made in a court of the United States 
that the property was taken from the enemy, before it 
is condemned by the court as a prize. 

4. Army and Xavy — So also Congress has power to 
raise, maintain, and make rules for the government of 
an army and navy (37-40).* Under the Confedera- 
tion the Congress could declare war, but could not 
raise or pay a single soldier (see page 98). A govern- 
ment must have an army, or at least the power to raise 
one. Without one it is virtually powerless, for not 
only must a nation be ready to fight foreign foes, but 
also occasions will arise when its supremacy can be 

* The policy of the country nas been to maintain a very small 
army and navy, and undoubtedly much of our prosperity, as com- 
pared with other nations, is due to this. In European nations not 
only do the people have to bear the burden of an immense standing 
army, but in many of them several years of the best part of every 
man's life must be spent in service. 



LEGISLATIVE DEPARTMENT 157 

maintained against insurrections or rebellions among 
its own subjects in no other way. So also maritime 
nations must have a navy to protect their commerce. 
In ordinary times the United States army and navy 
are filled by voluntary enlistments, but when these do 
not furnish enough men Congress provides for a con- 
scription, called during our late war a draft By this 
the number needed are chosen by lot from among the 
citizens, and they are compelled to go, or furnish sub- 
stitutes. In order that Congress shall not lose control 
of the army when raised, it is provided that do appro- 
priation shall be made for a longer period than two 
years. It may, however, make as many successive 
appropriations as it sees lit, and they are now made 
every year for such year. 

5. Militia — Congress also can provide for calling 
out the militia (40). It lias s<» provided by delegating 
the power to the President, to be so exercised when he 
thinks the necessity provided for by the Constitution 
has arisen.* 

* Though the President is Commander-in-Chief of the army, navy, 
and militia, Congress >till has practical control of all. for before 
they can be paid Congress must raise the money and appropriate it 
(49). In ordinary times this is done every year. 



158 NATIONAL G0VERN3IENT 



EXPEESS POWEES OF COISTGEESS 

[Under Art. I. sec. 8.] 

I. ORDINARY PEACE POWERS 

I. Raising Money ; 

1. By Levying, 

( 1. Direct Taxes, ) | § (1. Payment of Debts, 
•< 2. Imposts, or I Z &o i 2. Common Defence, or 
( 3. Excises : ) £ g. ( 3. General Welfare. 

2. By Borrowing - . 

II. Commerce, Regulation of; 

1. Foreign, 

2. Among- States, and 

3. With Indians. 

III. Naturalization. 
IY. Bankruptcy. 

Y. Coinage; 

( 1. Coining- Money, 

( 2. Regulation of Value, of 

j 1. Domestic Coin, and 
( 2. Foreign Coin. 

YI. Weights and Measures, Regulation of. 
YII. Post-Office ; Establishment of 

j 1. Post-Offices, and 

( 2. Post-Roads. 



LEGISLATIVE DEPARTMENT 159 

r VIII. Science and Useful Arts, Encourage- 
ment OF, by granting 
j 1. Copyrights, and 
( 2. Patents. 

IX. Inferior Courts, Establishment of. 

X. Crimes; 

\ 1. Piracies, ) , . . 

o t, , • m .« ( 4 l.I>enne,ana 

z. Felonies on High Seas. - to 

' I 2. Punish. 

3. International Offences, ) 

4. Counterfeiting ; to punish. 

j 1. U. S Securities, and 
I 2. U. S. Coin. 

XI. Territory; Exclusive Legislation 

over 

j 1. District of Columbia, and 
| 2. Forts, etc. 

II. POWERS RELATING TO WAR 
f I. Declaration of War. 

II. Letters of Marque, Granting of. 

III. Captures, Rules concerning. 

IV. Forces? 

' to J 2. Maintain, and 



rmy, ) 

avy, f 



2. Navy, ) j 3 ; Make Rules for. 

3. Militia, to Provide for 

1. Calling out. to 

( 1. Execute Laws, 



■\ 2. Suppress Insurrections, or 

( 3. Repel Invasions. 
2. Organizing, ) 

;>. Alining. Vat all times. 

4. Disciplining, and ) 

5. Governing, when in U. S. service. 



160 NATIONAL GOVERNMENT 

CHAPTER XXXII 

PROHIBITIONS ON THE UNITED STATES 

1. Where Found — Section 9 of Article I. names 
certain subjects which Congress is forbidden to legis- 
late upon.* Most of these form exceptions to the 
powers granted in the preceding section. 

2. Slave-Trade — From an early period slaves had 
been imported into the Colonies from Africa. At the 
time when the Constitution was formed, laws prohibit- 
ing the foreign slave-trade had been passed in most of 
the States, but the delegates from a few States in the 
Convention insisted on having the privilege of import- 
ing slaves secured. A majority of the Convention 
were in favor of leaving Congress free to prohibit the 
trade at any time. But as it was doubtful whether 
certain States would in such case accede to the Consti- 
tution, and as it was desirable to bring as many States 
as possible into the Union, it was at length agreed 
that the trade should be left free for twenty years to 
all the States choosing to continue it (44, 79). Once 
more, a compromise. f 

3. Habeas Corpus — The nature of this writ has 

* It must be remembered that sec. 9 of Art. I. does not apply to 
the States, but only to Congress. The prohibitions upon the States 
are found in sec. 10. For instance, a State legislature is not pro- 
hibited by the United States Constitution from suspending the writ 
of habeas corpus, as far as State offences are concerned. For this 
reason provisions similar to those in sec. 9 are generally found in 
State constitutions, as to habeas corpus, appropriations, statements, 
etc. 

| Congress did, however, in 1808 wholly prohibit the slave-trade. 



LEGISLATIVE DEPARTMENT 161 

been heretofore explained (see page 88). The presence 
of this clause (45) here shows how important the writ 
was considered. In England its operation had at 
times been suspended for slight and insufficient rea- 
sons. The clause applies only to United States judges. 
They can grant the writ only in cases of violation of 
United States laws (see page 182). 

4. Bill of Attainder — Attainder in this phrase 
means that forfeiture of property and loss of all civil 
rights (among them, the right to inherit property <»r 
transmit it to heirs) which a person formerly suffered 
who had been condemned t<> death for treason or other 
crime. A hill of attainder is an act (/.'., a law) of a 
legislature inflicting tins punishment upon some par- 
ticular person and condemning him to death, without 
a regular trial in court. Such laws are inconsistent 
with the principles of republican government, and 
are therefore properly prohibited to Congress (46, 
71). 

5. Ex post facto Law — This is a law that makes 
punishable as a crime an act which was not criminal 
when done, or that increases the punishment of a 
crime after it has been committed. * Such laws are 
unjust, and therefore wholly forbidden to Congress 
(46). 

6. Direct Tax — AVhat a direct tax or capitation tax 
is, has been already described (see Chap. XV., sees. 1 
and 11). A prior clause has given the rule of appor- 
tionment of direct taxes (5). For greater security it 
was provided that no direct tax should be laid except 

* If, for example, one should commit murder while the penalty 
was imprisonment for life, and the legislature should then pass a 
law, and apply it to his case, making the penalty death. 
11 



162 NATIONAL GOVERNMENT 

in that way, counting three-fifths of the slaves (47). 
But now if direct taxes were laid they would be in 
proportion to true population. 

7. Export Duties — These are entirely forbidden to 
Congress (48). The reasons have been given before 
(see page 142, sec. 5). This clause forms an exception 
to the one in sec. 8 (26) which gives the right to lay 
duties. 

8. Equality in Trade — It was the aim of the Con- 
stitution to secure to each State freedom and equality 
in trade. For this reason any preference of the ports 
of one State over those of another is forbidden (48).* 

9. Appropriations — An appropriation is a law pro- 
viding that a certain sum of money in the treasury 
shall be paid out for a certain purpose. The Consti- 
tution provides that no money shall be drawn out 
except when so appropriated by Congress (49). This 
places the public money beyond the reach or control 
of the Executive or any other officer, and secures it in 
the hands of the representatives of the people. Even 
the President cannot draw his salary unless Congress 
makes the appropriation. In pursuance of this provi- 

* The last part of that clause, referring to entry, etc., may not be 
easily understood. It does not mean that vessels going from one 
State to another shall not be obliged to enter, clear or pay duties (as 
it might be literally construed). There are laws of Congress enforc- 
ing these things in certain cases. It means only that when a vessel 
is bound from a certain State it shall be obliged to clear only in that 
State, and when bound to a certain State it shall be obliged to enter 
or pay duties only in that State. The purpose was to prevent ves 
sels from being compelled to enter, clear or pay duties at ports from 
which they did not come or to which they were not bound. This 
very hardship had been imposed upon American commerce before 
the Revolution by England, who compelled American vessels sailing 
to a foreign port to first go to England. 



LEGISLATIVE DEPARTMENT 103 

sion, Congress, at every session, passes laws specifying 
the objects for which money is to be appropriated. 

10. Statements — The clause requiring statements 
of the receipts and expenditures to be publi lied makes 
Congress responsible to the people. Such statements 
are published annually, and short abstracts are pub- 
lished monthly (49). 

11. Titles of Nobility- — Congress is entirely pro- 
hibited from granting these (50). They would tend 
to introduce the distinctions of rank here that exist in 
many other countries, which the Constitution desires 
to prevent. As the Declaration of Independence says, 
"all men are created equal.'' 

12. Relations of Officers Avitli Foreign Sovereigns 
— Officers of the United States Government are tor- 
bidden to receive any present, office, or title from any 
foreign state, unless with the consent of Congress (50). 
This is to guard them against foreign influence. 



CHAPTER XXXIII 

PROHIBITIONS ON THE STATES 

1. Treaties — Section 10 of Article I. enumerates cer- 
tain things which each State is forbidden to do. The 
first one is, to make any treaty, alliance, or confeder- 
ation! (51). Another clause forbids a State to make 
any kind of agreement with another State or with a 
foreign power without the consent of Congress u">2 }. 



* See page 20, sec. 6. 

f For the meaning of treaty see page 172. An alliance is a union 
for some common object. A confederation is a broader word, signi- 
fying a closer union. 



1(34 NATIONAL G0VERN3IENT 

If the States, separately, were allowed to make trea- 
ties or form alliances with foreign powers, the rights 
and interests of one State might be injured by the 
treaties made by another. As the States united con- 
stitute but one Nation, it is obvious that the power to 
treat with other nations properly belongs to the Gen- 
eral Government. 

2. Letters of Marque — The States are forbidden to 
issue these, as by doing so one State might, for local 
reasons, direct the enmity of a foreign nation against 
the whole Nation, and perhaps involve the whole 
country in war. 

3. Coinage — This is forbidden to each State. One 
object in giving this power to Congress was that the 
coinage might be uniform (see page 1 50), but if each 
State had the power also, this object might not be 
attained. 

4. Bills of Credit — The States are forbidden to 
emit them. Bills of credit are promises to pay cer- 
tain amounts of money, issued for the purpose of be- 
ing used as money. The purpose of the clause was to 
prevent the future occurrence of the evils they had 
already caused.* The United States Treasury notes 
are bills of credit. Bank bills issued by State or 
national banks are not within the prohibition. 

5. Legal Tender — The States are forbidden to 
make anything but gold and silver coin a tender in 
payment of debts. Tender, or, as it is usually called, 
legal lender, means that with which a debt may be 

* Bills of credit, to a vast amount, were issued by the States dur- 
ing the Revolution, and for some time thereafter. This paper 
money, having no funds set apart to redeem it, became almost worth- 
less. 



LEGISLATIVE DEPARTMENT 165 

paid, by law.* Some of the States had declared their 
irredeemable paper money a lawful tender. But paper 
money and property of all kinds are continually liable 
to fluctuation in value, and might subject those who 
should be compelled to receive it to great inconven- 
ience and loss. Gold and silver are considered more 
stable in their value. 

6. Bill of Attainder — This is forbidden to the 
State legislatures for the same reason that it is forbid- 
den to Congress (see page 161, sec. 4). 

7. Ex post facto Law — The States are forbidden to 
pass such laws, as they are unjust (see page 161, sec. 5 I. 

8. Law Impairing the Obligation of Contracts 
The passage of such a law by any State Legislature is 
forbidden. Laws that would release men from their 
obligations would be contrary to the principles of jus- 
tice, and destroy all security for the rights of property.! 

9. Titles of Nobility — The granting of these by 
any State is forbidden, for the same reasons as in the 
case of Congress (see page 163, sec. 11). 

10. Duties — States are forbidden to lay duties on 

*Not all money is legal tender. The legal tender in this country 
now is gold, silver, and U. S. notes (see page 150). The creditor 
may take what he chooses in payment of the debt, but he cannot be 
compelled to take anything but legal tender. 

fAs bankrupt laws release debtors from the payment of their 
debts, and consequently impair the obligation of contracts, the ques- 
tion has arisen whether the States have power to pass them. From 
decisions of the Supreme Court of the United States, which is the 
highest judicial authority, it appears that a State may not pass a 
bankrupt law discharging a debtor from the obligation of a contract 
made before such law was passed. But it was not to be considered a 
law impairing the obligation of a contract, if it existed before the 
contract was made ; because the parties, who are presumed to know 
that such law exists, may guard themselves against loss. 



166 NATIONAL GOVERNMENT 

imports or exports (52). The reason that import 
duties are not allowed is that they may be uniform 
throughout the country. This has been explained 
before (page 142). Export duties are generally con- 
sidered impolitic, as tending to discourage the indus- 
tries of a country. 

11. Inspection Duties — The exception allowing a 
State to lay duties necessary to execute its inspection 
laws was deemed proper. Laws are passed by the 
States for the inspection or examination of flour and 
meat in barrels, leather, and sundry other commodi- 
ties in commercial cities, to ascertain their quality and 
quantity, that they may be marked accordingly. By 
this means the States are enabled to improve the 
quality of articles produced by the labor of the coun- 
try, and the articles are better fitted for sale, as the 
purchaser is therefore guarded against deception. A 
small tax is laid upon the goods inspected, to pay for 
their inspection. But, lest the States should carry this 
power so far as to injure other States, these " laws are 
to be subject to the revision and control of Congress." 

12. Tonnag-e Duties — These are duties laid upon 
vessels; so much per ton.* They are forbidden to 
States (unless with the consent of Congress), as they 
are a means of regulating commerce, which is a sub- 
ject given entirely to Congress. 

13. War — We have seen that war is another subject 
of which Congress is to have complete control (Chap- 
ter XXXI.). For this reason the States are forbid- 
den to keep troops or ships of war in time of peace, 
or to engage in war, without the consent of Congress. 

* A vessel's tonnage is not what she weighs, but the number of tons 
of freight she can carry. 



LEGISLATIVE DEPARTMENT 167 

PROHIBITIONS 

[In Art. I., sees. 9 and 10.] 

I. ON THE UNITED STATES 

r I. On Congress ; as to 
f I. Taxes ; 

( 1. Export Duties, 

| 2. Direct taxes, do1 in proportion to census. 

-J II. Commerce ; 

\ 1. Abolition of Slave-Trade prior to 180$ 
'/ 2. Preference of Ports. 

> I II. Other Laws ; 

fl. Suspension of Habeas Corpus, 
J 2. Bill of Attainder, 
] 3. Ex posl facto Law. 
[4. Titles of Nobility. 

IT. On U. S. Officers? 

U. Paying Money without Appropriation, 

(2. Receiving from Foreign Slate, any 
1. Present, 
8. Emolument, 

' 3. Office, <«r 

.4. Title-. 

II. ON THE STATES ; AS TO 

I. Taxes ; 
( 1. Import Duties, 
- 2. Exporl Duties, 
( 3. Tonnage Duti 

II. Agreements with other States or Nations; 

( 1. Treaty, etc., 
I 2. Any Agreement. 

III. War; 

!1. Letters of Marque, 
2. Troops, or War-vessels, 
3. Engaging in War. 

IV. Money ; 
( 1. Coinage, 

2. Bills of Credit, 

/ 3. Legal Tender. 

LV. Other Laws; 

f 1. Bill of Attainder, 

2. Ex post facto Law, 

3. Law impairing Contract, 

4. Title of Nobility. 



168 NATIONAL GOVERNMENT 



SECTION III.— EXECUTIVE DEPARTMENT 
CHAPTER XXXIV 

PRESIDENT AND VICE-PRESIDENT I ELECTION, QUALIFICA- 
TIONS, ETC. 

1. Executive — One of the strongest distinctions be- 
tween the present Union and the Confederation is that 
now we have a full and strong executive department, 
while under the Confederation there was none (see 
page 98). 

2. Number — In regard to the organization and 
powers of the executive department there was great 
diversity of opinion in the Constitutional Convention. 
The three principal points discussed were (1) whether 
it should consist of one person as chief, or more ; (2) 
the term; and (3) the mode of election. First : ought 
the chief executive power to be vested in one person, or 
a number of persons 1 Laws should be executed with 
promptness and energy. This is more likely to be 
done by one man than by a number. If several were 
associated in the exercise of this power, disagreement 
and discord would be likely to happen, and to cause 
frequent and injurious delays. For this reason it was 
decided to have one President (53). 

3. Term — Second : as to the term. It was argued 
that the term should not be so short as to induce him 
to act more with a view to his re-election than to the 
public good, nor so short that he would not feel some 
independence of the people, and could not carry out 
his system of public policy ; nor so long that he would 



EXECUTIVE DEPARTMENT 169 

feel too independent of the people. The term of four 
years was decided upon as the most likely to avoid all 
the objections (53). It commences March 4th next 
after the election. A new Congress is elected and 
begins its term at the same time as each successive 
Presidential term. 

4. Mode of Election — Third : as to the manner of 
electing the President. Several modes were proposed 
in the Convention, among them these: by Congress, 
by the State legislatures, by the people directly, and 
by Electors chosen for the purpose in some way. The 
last was the one adopted (54). The object was two- 
fold: (1) to keep the legislative and executive depart- 
ments distinct,* and (2) to make certain of such a man 
being elected as would be worthy of the high position. 
If Congress elected him, it would be practically com- 
bining the two departments; and on the other hand, 
if the people elected him directly, it was thought that 
they might be led into error through popular enthu- 
siasm or misconception, and that at the time of an 
election there would be great excitement ; but if he 
was elected by a body of select men, they would act 
with more deliberation and their judgment would he 
probably correct. And if they were selected for that 
one purpose it was thought they would be better fitted 
for it than the State legislatures would be. 

5. Election of Electors — The Constitution does not 
prescribe the manner in which the Electors shall be 
appointed or chosen ; this is left to the States. At 
first no uniform mode was adopted by the different 
States, but at present in all the States they are 

* For this reason no Member of Congress nor civil officer can be an 
Elector. 



170 NATIONAL GOVERNMENT 

selected directly by the people, usually, by general 
ticket.* By a law of Congress, the Electors are re- 
quired to be chosen in all the States on the same day, 
which is the Tuesday next after the first Monday of 
November. 

6. Proceedings of Electors — On the second Mon- 
day of January the Electors meet in their respective 
States and vote for President and Vice-President. 
What follows is amply described in the Constitution 
itself (Amend. XII.). In 1804 a change was made in 
the mode of electing the Vice-President, f 

7. Election by the Honse — On the second Wednes- 
day in February after the election the Electoral votes 
are counted, and if no one has obtained a majority, the 
House and Senate elect the President and Vice-Presi- 
dent respectively. This is described in the Constitu- 
tion and need not be repeated here (95)4 

8. Present Practice — When the Constitution was 
framed it was intended that the Presidential Electors 
should exercise their own personal judgment, and that 
thus the President should be selected by the calm wis- 
dom of a body of men selected for their fitness to 
perform such a duty. But the existence of political 
parties and their action has nullified the plan. Now 
the nominating conventions put forward the candi- 
dates for the Presidency, and the Electors are after- 
ward nominated and voted for entirely with reference 
to those candidates, it being known beforehand which 

* That is, every voter votes for as many men as the State is entitled 
to have Electors. 

f The Constitution itself shows what this was (55, 95). 

fThe President has been elected by the House twice ; Jefferson in 
1801, and John Quincy Adams in 1825. 



EXECUTIVE DEPARTMENT 171 

one of the candidates they will vote for; and they 
never exercise their judgment, but simply record the 
vote of the people. It is unfortunate that the original 
plan could not have succeeded, for the present practice 
is open to the objections of an election directly by the 
people, which it is in effect. 

i). Qualifications — These the Constitution specifies 
(57). It will be noted that they are higher than those 
required for a Senator, because the office is bo much 
more important. No length of residence here by a 
foreigner will qualify him. 

10. Vacancy — In case of a vacancy in the office of 
President, the Vice-President becomes the President.* 
Under the provision of the Constitution (58), Con_ 
has enacted that, when there is neither President nor 
Vice-President, a member of the Cabinet shall, in the 
following order, act as President: The Secretary of 
State, Secretary of the Treasury, Secretary of War, 
Attorney-General, Postmaster-General, Secretary of 
the Navy, Secretary of the Interior. 

11. Salary — The President lias a salary, its amount 
being fixed by Congress. Congress may increase or 
diminish it, but not so as to affect the President in 
office at the time (59). If Congress could reduce his 
salary at pleasure, he could never afford to be inde- 
pendent of them. On the other hand, if it could be 
increased during his official term, he might be tempted 
to use undue influence to procure a needless increase. 

* The Vice-President has no duties to perforin as Executive of the 
Nation. He merely presides in the Senate. In dignity the office of 
President is much higher. 



172 NATIONAL GOVERNMENT 

CHAPTER XXXV 

POWERS AND DUTIES OF THE PRESIDENT 

1. Commander-in-Chief — The President is com- 
mander-in-chief of the entire military force of the 
Nation (61). This power must be given into the 
hands of one man. If there were more (even two) 
there might be no firmness or promptitude, qualities 
absolutely necessary to render any army useful. The 
President is the proper person, for he is the Executive 
of the Nation. But the President does not take the 
field himself. The actual operations are conducted by 
his generals under his supervision. 

2. Reprieves and Pardons * — These may be granted 
by the President, but only in cases of convictions by 
the United States courts (61). Over State offences he 
has no jurisdiction. Peculiar cases may arise where, 
although a person is adjudged guilty of a crime, he 
does not deserve the punishment the law provides ; as 
if, for instance, new evidence should arise showing him 
to be innocent. But the pardoning power may be 
greatly abused, and some claim that it would be better 
to take it away altogether. 

3. Treaties — A treaty is an agreement between 
nations, and it may be upon any subject : for peace, 
for war against some third power, concerning com- 
merce, the mail, the return of escaped criminals, or 
any other subject. The power to make them for the 
United States rests with the President. But this is so 

* See page 48, sec. 7. 



EXECUTIVE DEPARTMENT 173 

important a duty that it is not intrusted to him alone, 
but two-thirds of the Senate must concur (62).* 

4. Minister* — These are officers sent to a foreign 
nation to represent their own nation there. In this 
country they are appointed by the President, with the 
advice and consent of the Senate. Some are now called 
ambassador*. Our government sends a minister to 
each of the civilized and semi-civilized nations of the 
world. They reside abroad and transact any business 
that our government may have with the government 
of the country where they are. They often negotiate 
treaties, f 

5. Consuls — These the President appoints in the 
same way. Consuls are agents of inferior grade. 
They reside in foreign cities. Their business is to 
aid their respective governments in their commercial 
transactions with the countries in which they reside, 
and to protect the rights, commerce, merchants, and 
seamen of their own nation. Hence much of their 
business is with masters of vessels and with mer- 
chants. 

* Treaties are negotiated; that is, the provisions or terms are 
arranged and agreed upon, by the agents of the two governments ; 
and a copy of the articles of agreement is sent to each government 
to be ratified. Both governments must ratify, or the treaty fails. 
Treaties are ratified, on the part of our government, by the Presi- 
dent and Senate. This is what is meant by their making treaties. 

f Until recently we have rarely sent ambassadors, but ministers 
plenipotentiary. An ambassador who is intrusted with the ordinary 
business of a minister at a foreign court, and who lives there, is 
called an ambassador in ordinary. An ambassador extraordinary 
is a person sent on a particular occasion, who returns as soon as the 
business on which he was sent is done. He is sometimes called 
envoy ; and when he has power to act as he may deem expedient, he 
is called en voy plenipotentiary ; the latter word signifying full power. 



174 NATIONAL GOVERNMENT 

6. Judges — The President and Senate appoint also 
the judges of the Supreme Court, and of the Circuit 
and District courts. 

7. Other Appointments — Thus we see that the 
President has very important powers of appointment. 
Nor is he under the control of the Senate always, for 
under the . Constitution (62) Congress has vested the 
appointment of very many inferior officers in him 
alone, or in the Heads of Departments, who are ap- 
pointed by him and more or less under his influence. 
The advantage is that a President is thus better able 
to carry out his own policy if he has the selection of 
those who shall aid him. But the danger is that if we 
should obtain an ambitious or unprincipled President 
he might use the power of appointment simply to re- 
ward those who would advance his own interests, and 
greatly to the injury of the people.* 

8. Vacancies — But in those cases where the Senate 
must concur in appointments, vacancies will often oc- 
cur while the Senate is not in session. In such cases 
the President may alone make temporary appoint- 
ments (63). Without such a power somewhere, the 
public interests would often suffer serious injury. 
When the Senate acts on appointments it is said to 
go into executive session. 

* For some time past the two political parties have used this power 
to advance their own interests, and when a new party has come into 
power very many of the civil officers have been removed without 
cause in order that members of that party might be appointed in 
their stead. The aim of Civil Service Reform is to establish the cus- 
tom of retaining officers, at least of inferior rank, as long as they do 
their duty, and of appointing those best fitted for the office, no mat- 
ter to which party they belong. This is the policy of England, and 
ought to be of our country. 



EXECUTIVE DEPARTMENT 175 

9. Removals — Most of the officers, clerks, etc., in 
the Civil Service * of the United States are appointed 
for no particular term, but hold office until the ap- 
pointing authority removes them. Those appointed 
by the President, or any other officer alone, can be 
removed by him or such officer at any time. With 
regard to those whose appointments the Senate must 
concur in, it was urged at first by many that the con- 
sent of the Senate must also be obtained to the re- 
moval, but this has not been the practice. Up to 1867 
the President exercised the power of removal alone in 
all cases. In that year the " tenure of office act n was 
passed, requiring the consent of the Senate to the 
removal of those officers whose appointment they 
must concur in. This, however, was repealed March, 
1887. 

10. Message — At every session the President sends 
to Congress a message, containing recommendations of 
the passage of such measures as he judges expedient 
(64). This, of course, gives little information, but it 
serves to fix the responsibility upon them. 

11. Convening Congress — Besides the regular ses- 
sions each year, Congress may be convened by the 
President when he thinks an extraordinary occasion 
has arisen such as to render it necessary, but at such 
times they only act upon the subjects he lays before 
them. 

12. Reception of Foreign Ministers — This is de- 
volved upon the President as the proper person to repre- 

* The " Civil Service " means the body of persons employed by the 
United States, from the Cabinet down to the lowest clerks in the 
Post-Office, except the army and navy. It includes now perhaps 
100,000 persons. 



176 NATIONAL GOVERNMENT 

sent the Nation. It is usually a merely formal matter, 
but may be one of great importance. In case a revolu- 
tion has occurred in some foreign country and a new 
minister is sent here, the President in deciding whom 
he will receive must decide whether to recognize the 
new or the old government, and this might involve us 
in war. 

13. Execution of the Laws — This is the most im- 
portant and most comprehensive duty devolved upon 
the President. It calls upon him to see that above 
all things obedience is rendered to all the laws of the 
Union. It is for this purpose that he is made com- 
mander of the army and navy. In 1861 President 
Lincoln would have disregarded this high obligation 
had he refused to take every means to subdue those 
States which had openly revolted from the authority 
of the Nation. 

By comparing this chapter with Chapter XI. it will 
be seen how similar the powers and duties of the Pres- 
ident are to those of a State governor ; but those of 
the former are as much more important in their exer- 
cise than those of the latter, as the Nation is greater 
than any State. The State constitutions generally 
have been modelled on the United States Constitution. 



CHAPTER XXXVI 

AUXILIARY EXECUTIVE DEPARTMENTS 

1. Departments — The great amount and variety of 
the executive business of the Nation require the di- 
vision of the executive department into several subor- 
dinate departments, and the distribution among them 



EXECUTIVE DEPARTMENT 177 

of the different kinds of public business. These de- 
partments are nine in number, named as follows: 
(1) Department of State, (2) Department of the Treas- 
ury, (3) Department of the Interior, (4) Department of 
War, (5) Department of the Navy, (6) Department of 
Justice, (7) Post-Office Department, (8) Department 
of Agriculture, and (9) Department of Labor. 

2. Cabinet — At the head of each of these Depart- 
ments is a chief officer. These chief officers, some- 
times called Heads of Departments, are named re- 
spectively the Secretaries of State, of the Treasury, of 
the Interior, of War, and of the Navy, the Attorney- 
General, Postmaster-General, Secretary of Agricult- 
ure, and Commissioner of Labor, and are appointed by 
the President with the consent of the Senate. The 
first eight of these form the ( 'abinet, and act as a coun- 
cil of advice to the President. Owing to this close 
relation between a President and his Cabinet it is 
usual for the Senate to confirm whomever the Presi- 
dent selects for Cabinet officers. 

3. Department of State — This department lias 
charge of all the business of the Nation with foreign 
nations. The Secretary of State conducts all our dip- 
lomatic* correspondence, being the official organ of 
communication with the ministers of foreign govern- 
ments sent to this country, and with our ministers 
abroad. He is also the custodian of the seal, the laws, 
and other official documents of the Nation. 

4. Department of the Treasury — To this belongs 
the charge of the finances of the Nation. It collects 
the revenue from customs and excises, pays the debts 

* Difrtomacy is the science of conducting negotiations between 
nations. 

12 



178 NATIONAL GOVERNMENT 

of the Nation, coins the money, and takes charge of 
all money paid to the government. The vast amount 
of business in this department requires a great number 
of assistants. All the custom-houses, mints, and sub- 
treasuries form part of it. The building devoted to its 
business in Washington is one of the largest there. 

5. Department of the Interior — The chief subjects 
of which this department has charge are the taking of 
the census every ten years (5), the management and 
sale of the public lands, the management of the Indi- 
ans, the payment of pensions * the granting of patents, 
and education. 

6. Department of War — This department has 
charge of the procuring of supplies and equipment 
and other matters relating to the army. Its duties 
are of course far more important in time of war than 
in peace. The coast signal service belongs to this 
department. 

7. Department of the Navy — This department has 
charge of the navy, the procuring of supplies and 
equipment of vessels of war, etc. 

8. Department of Justice — The duties of the At- 
torney-General and his assistants are to attend to all 
suits in the United States courts in which the United 
States is interested, and to give their opinions in writ- 
ing on legal questions when requested by the President 
or Heads of Departments. 

9. Post-Office Department — This has charge of the 

* A pension is a yearly allowance to a person by the government 
for past services. In this country pensions are granted to those who 
are disabled in war. If a soldier is killed a pension is granted to his 
widow or children. The amount of pensions now paid in this coun- 
try is very large. 



EXECUTIVE DEPARTMENT 179 

mail. All post-offices form a part of it. The Post- 
master-General establishes post-offices, provides for 
carrying the mail, and has general charge of all 
matters connected with it. 

10. Department of Agriculture — Here are investi- 
gated matters pertaining to the agricultural interests 
of the country, such as the destruction of injurious 
insects, the eradication of diseases of live-stock, the 
best kinds of seed, of manures, etc., etc. Its publica- 
tions are widely distributed among the farmers, as are 
also large quantities of seeds of the best varieties. 

11. Department of Labor — This is a purely statis- 
tical bureau, and is engaged in the collection and pub- 
lication of facts relating to strikes, cost of production, 
wages, industrial depressions, and other matters bear- 
ing upon labor and industry. 

12. Other Executive Branches — In addition to the 
departments mentioned, various other bureaus and 
commissions have been established, among which are 
the following : 

(1) The Interstate Commerce Commission, devoted to 
the regulation of railway rates; (2) the CivU Servta 
Commission, devoted to the examination of those en- 
tering the public service, for whom educational tests 
are imposed; (3) the Fish Commission,) engaged in all 
matters pertaining to the improvement of fisheries in 
the United States; (4) the National Museum, Smith- 
sonian Institution and Bureau of Ethnology, for the 
maintenance of a museum of natural history at Wash- 
ington, and the study of Xorth American anthro- 
pology; and (5) the Government Printing Office, 
wherein are printed the annual reports required of 
each Department, the " Congressional Record," or ver- 



ISO NATIONAL GOVERNMENT 

batim reports of the proceedings of Congress, and all 
other statistical and educational reports issued by the 
various branches of the government service. 



SECTION IV.— JUDICIAL DEPARTMENT 
CHAPTER XXXVII 

NATIONAL COURTS AND THEIR JURISDICTION 

a. Courts 

1. Necessity for National Judiciary — We now 

come to the third article of the Constitution, provid- 
ing a national judicial department. The Confedera- 
tion had none, and was thus dependent on the States. 
The chief reason why a national judiciary is necessary 
in addition to the State systems is that the State 
judges might be biased in favor of their own State. 
Laws of Congress often bear with greater hardship on 
some States than on others, and public opinion in 
those States upon whom the burden lay might be so 
strong in opposition that no judge elected and sup- 
ported by those people would sustain it. But if the 
judge belonged to a national system, and thus repre- 
sented and was supported by the whole Nation, he 
would have nothing to fear, and thus his decision 
would be more impartial. The experience of the Con- 
federation taught this. 

2. Courts — The judiciary consists of four grades 
of courts : the Supreme Com% the Circuit Courts of 
Appeals, the Circuit Courts, and the District Courts. 
The Supreme Court is the highest court in the land, 
and was established by the Constitution itself (66). 



JUDICIAL DEPARTMENT 1$1 

The others were established by Congress. The Su- 
preme Court consists of nine judges, and its jurisdic- 
tion is almost wholly appellate; thai is, cases are not 
tried in it, but it only hears appeals from the other 
courts, and that only in the most important cases. 
It has original jurisdiction in a few cases. There are 
nine Circuit Courts of Appeals to which cases are ap- 
pealed from the Circuit and District Courts. The 
judges of the Circuit Court of Appeals are Justices of 
the Supreme Court or judges of the ( "bruit or District 
Courts. Cases are sometimes appealed from the Cir- 
cuit Court of Appeals to the Supreme Court. Of the 
Circuit Courts there are nine in the country. There 
are sixty-three District ( !ourts. The jurisdiction of all 
the courts is both civil and criminal.* 

3. Court of Claims — No one lias any right to sue 
a government. Such a right is inconsistent with sov- 
ereignty. So, in this country, no one lias a right to 
sue the people (they are the government), for it is the 
people from whom he gets any right, even the right t<> 
his own property or his life, and to admit that any one 
had a right to force anything from them would be ad- 
mitting that they were not sovereign. For tliis rea- 
son no one has a right to sue the United States, or any 
State (94). But Congress has established a court 
called the Court of Claims, in which those having 
claims which they think ought to be paid by the 
United States may bring a suit in the ordinary way, 
in form against the United States, and the court de- 
cides whether the}^ should be paid. If it is decided in 
the claimant's favor it is so reported to Congress, and 
Congress generally will make an appropriation. But 

* For explanation of the terms used in this section see page 79. 



182 NATIONAL GOVERNMENT 

Congress is free to do as it chooses, and there is no 
way to compel payment. Some States have estab- 
lished similar courts of claims, but though proceeding 
in legal methods, they perform rather the functions of 
legislative committees than courts. 

4. Tenure of Office — By the Constitution the judges 
hold office during good behavior (66). This means 
until removed on impeachment for bad behavior, and 
thus in most cases it means for life. In no other 
department of the general government are offices held 
for so long a term. The purpose is to insure a correct 
and impartial administration of justice by making 
them independent. If they could be displaced at the 
pleasure of the appointing power, or by frequent elec- 
tions, they might be tempted to conform their opin- 
ions and decisions to the wishes of those on whom 
they were dependent for continuance in office. The 
object of the framers of the Constitution was to 
remove them as far as possible from party influence. 

5. Salary — As with the President, so here, Congress, 
though it fixes the salaries of the judges, cannot dimin- 
ish them while in office. To give Congress power over 
the purse of an officer is to give it power over his will. 
Dependence upon the legislature would be as great an 
evil as dependence upon the appointing power. 

h. Jurisdiction 

6. In General — The jurisdiction of the United States 
courts does not extend to all kinds of cases, but only to 
such as the Constitution specifies, just as Congress has 
power to pass only such laws as the Constitution allows 
it to. The cases enumerated in the Constitution (67) 
in which the national courts have jurisdiction may be 



JUDICIAL DEPARTMENT 183 

divided into three general classes: (1) those arising 
under the Constitution, the laws of Congress, and 
treaties ; (2) those affecting foreigners ; and (3) those 
between different States or the citizens of different 
States.* 

7. Cases arising under United States Laws — ( 
which arise under the Constitution, laws, or treaties of 
the United States may be those where a person is 
given a right by the Constitution, laws, or treaties 
which he does not have by the laws of his State (as, 
for instance, a right to sue an infringer of a patent 
granted to him), or where he violates a law of Con- 
gress, or treaty (as counterfeiting coin, or doing any- 
thing forbidden by a treaty), or where any question 
arises as to the meaning of the Constitution, laws, or 
treaties of the United States, or as to whether a law of 
Congress is constitutional f or not. In these cases it 
makes no difference whether the parties are citizens of 
the same State or not. The jurisdiction is given to the 
national judiciary for two reasons : (1) in order that in 
the interpretation and enforcement of its own laws it 
may not be dependent on the States, and (2) in order 
that the interpretation may be uniform throughout the 
country. Were it left to the State courts, some States 

* It will be seen, therefore, that the great majority of cases between 
citizens of the same State must be brought in the State court-. So 
also the great majority of criminal cases are tried in the State 
courts. 

f A law of Congress is unconstitutional (and wholly void) unless 
the Constitution has given Congress the right to pass it (see page 140). 
If, for instance, Congress should pass a usury law (that is, a law reg- 
ulating the interest of money), or a law abolishing capital punish- 
ment, it would be void, because it has not been given these powers by 
the Constitution. 



184 NATIONAL GOVERNMENT 

might decide that a law meant one thing, and other 
States that it meant another. 

8. Cases affecting- Foreigners — The decision of 
these properly belongs to the national courts, for the 
reason that if a foreigner is injured here, the Nation, 
and not the State, is responsible to the foreigner's 
government : therefore the Nation, and not the State, 
should redress the injury. And where the foreigner is 
an ambassador, or other minister, the Supreme Court 
has original jurisdiction of the case (68). This is in 
order to provide as certainly as possible against the 
danger of injustice being done, for it might involve 
the country in a dispute, or even war, with his coun- 
try. All public ministers are treated with the highest 
respect, for this reason. Admiralty jurisdiction* is 
also given to the national courts, for the reason that 
many admiralty cases affect foreigners. Another rea- 
son is that admiralty is a part of the regulation of 
commerce, which we have seen is a subject taken away 
from the States and given entirely to the United 
States. 

9. Cases affecting Different States, or their Citi- 
zens — The third class of cases in which the national 
courts have jurisdiction is where the parties on the 
two sides, plaintiff and defendant, are either two 
different States, or citizens of different States. The 
reason for this jurisdiction is to prevent dissension 
among the States. If the decision of a question which 



* Admiralty jurisdiction is jurisdiction of cases arising on the sea, 
or connected with vessels ; as, for instance, cases of piracy, of col- 
lision on the sea, or claims for repairing a vessel, or contracts to 
carry freight or passengers. No State has any jurisdiction over the 
ocean. 



JUDICIAL DEPARTMENT 185 

affected two States were left to the courts of either, 
the controversy instead of being closed would be inten- 
sified. The history of the small German States and 
of the States under the Confederation illustrates this. 
But now, there being an impartial arbiter, the United 
States, the States submit to the decision.* 



CHAPTER XXXVIII 

TREASON 

1. Why Defined. — Treason is one of the highest 
crimes that man can commit. Vet, such deep resent- 
ment and alarm does it create among the peopli 
it is an attempt to overthrow the established govern- 
ment, that the tendency always is to see it in acts 
which maybe innocent, and which at least do not 
have such a purpose. For this reason the Constitution 
itself says what shall be considered treason, and what 
proof shall be necessary to establish it (70). It must 

* It will be noticed that the jurisdiction in the cases mentioned in 
this and the preceding section depends upon the character of the 
persons suing or sued, while in those mentioned in section 7 it de- 
pends upon the character of the case. When the case is BUCh as to 
give the national courts jurisdiction it makes no difference whether 
the parties are citizens of different States or not, and when they are 
citizens of different States, or one is a foreigner, those courts have 
jurisdiction whether the case is one of those mentioned in section ? 
or not. Not all the cases enumerated in sec. 2 of Art. III. (67) have 
been spoken of separately in the text. It will be a useful exercise 
for the pupil to write down each separate case mentioned there, and 
tell to which one of the three classes described above it belongs, and 
why. But he will be apt to make a mistake as to suits by citizens 
against States, unless he consults Amendment XL (seepage 198). A 
State cannot be sued except by another State. 



186 NATIONAL GOVERNMENT 

be either making war against the United States, or 
adhering to its enemies. And it is not sufficient that 
there is an intention or even a conspiracy to do these 
things, though they are highly reprehensible. There 
must be some overt (i.e., open) act, before it is treason. 

2. Proof — The proof required is more than in the 
case of most crimes. Generally one may be convicted, 
even of murder, upon the testimony of one witness 
directly to the commission of the crime, or even with- 
out any direct testimony upon its commission, pro- 
vided the other circumstances proven point toward it. 
But in treason against the United States, no matter 
what circumstances point toward it, there must be 
two witnesses to the same act. 

3. Punishment — Under the authority given by the 
Constitution (71) Congress has declared the punish- 
ment of treason to be death, or, at the discretion of 
the court, imprisonment and fine ; the imprisonment 
to be for not less than five years and the fine not less 
than $10,000. An attainder of treason means here 
judgment by a court. In England formerly, when one 
was adjudged guilty of treason all his property was 
forfeited to the king, and he could neither inherit nor 
transmit property to heirs. This is what is meant by 
corruption of blood. Thus for a man's treason his 
innocent relatives were punished with him. But that 
is not so here. A law of Congress provides that no 
conviction (of any crime against the United States) 
shall work corruption of blood or any forfeiture of 
estate. 

4. The Civil War — In this country there were no 
prosecutions for treason after the War, even of the 
leaders. They were, however, laid under certain polit- 



MISCELLANEOUS PROVISIONS 187 

ical disabilities, but even these have now (1894) been 
almost entirely removed. 

5. Other Crimes — The great majority of crimes, 
such as murder, forgery, theft, etc., lie generally within 
the jurisdiction of the State. The State laws describe 
them, and the State courts punish them. The other 
subjects, beside treason, upon which Congress has au- 
thority to define offences and establish their punish- 
ment, and of which the national courts have criminal 
jurisdiction, are chiefly as follows: All crimes com- 
mitted on the sea, piracy, murder, theft, etc. ; perjury 
and other judicial crimes when committed in the 
national courts / counterfeiting United States notes or 
coin ; forgery of patents or other Un iU d Statt spapt rs : 
robbery of the mail, or other crimes connected with 
the postal service; extortion by a United States offia r : 
the holding of slaves ; and preventing any one from 
exercising his civil rights, by intimidation or other 
means. 

SECTION V.— MISCELLANEOUS PROVISIONS 
CHAPTER XXXIX 

RELATIONS OF STATES 

1. Records — Article IV. of the Constitution contains 
a number of important provisions, most of which 
affect the relations of the States to each other and to 
the General Government. The first one is in regard 
to the effect which the laws, records, and judgments 
of one State shall have in another, and the provision 
is that they shall have full effect everywhere (72). 



188 NATIONAL GOVERNMENT 

For instance, if a person is sued in New York and 
there is a decision on the merits against him, it is 
decided, once for all, and it may be enforced against 
him wherever he goes. "Were it not for this clause 
States might provide that no matter how many times 
a question had been tried, it must be tried over again 
with all the evidence before they would enforce it. 
Congress has prescribed the manner in which public 
acts and records may be proved, and when proven 
they are conclusive as to the things stated in them. 

2. Privileges of Citizens — No State can grant priv- 
ileges to its own citizens, from which the citizens of 
other States are excluded (73). The purpose is to put 
all on an equality everywhere. Without such a pro- 
vision, any State might deny to citizens of other 
States the right to buy and hold real estate, or to 
become voters after living in the State the prescribed 
time, or to enjoy equal privileges in trade or business. 

3. Fugitive Criminals — The officials of one State 
have no power in another State as officials. For 
instance, the police or sheriff of New York City have 
no power to arrest a murderer in Jersey City. But 
the Constitution provides against the escape of crimi- 
nals in this way (74). The Governor of the. State 
from which such person has fled, sends a requisition 
to the Governor of the State in which he is found, 
demanding his delivery to the first State. This re- 
quisition is usually complied with, and yet cases have 
occurred in which a Governor has refused to deliver 
up an accused person, and there is no way provided 
to compel him. This seems to have been an oversight 
on the part of the framers of the Constitution. 

4. Fugitive Slaves — By the common law, a slave 



MISCELLANEOUS PROVISIONS 189 

escaping into a non-slaveholding State became free. 
As it was presumed at the time the Constitution was 
framed that other Northern States would follow Mas- 
sachusetts in abolishing slavery, the Southern States 
wanted some provision to enable them to reclaim their 
fugitive slaves. The Northern States, though opposed 
to this, yielded for the sake of unity (75). Escaped 
slaves were, under this provision, returned to the 
South up to 1801. The clause is of course obsolete 
now.* 

5. New States — The provision (76) with regard to 
theadmission of new States into the Onion was deemed 
necessary in view of the large extent of vacant lands 
within the United States, and of the inconvenient size 
of -some of the States then existing. The territory 
north-west of the Ohio River had been ceded to the 
General Government by the States claiming the same. 
South of the Ohio River also was a large tract, prin- 
cipally unsettled, within the chartered limits of Vir- 
ginia, North Carolina, and Georgia, extending vresl to 
the Mississippi. These two tracts it was presumed 
would soon become so thickly populated as to require 
separate governments. Since that time vast tracts 
have been acquired from France, Spain. Texas, and 
Mexico. From all these tracts thirty-one new States 
have been formed and admitted into the Union. AVhen 
formed from the territory of the United States the 
consent of Congress only is required, but when formed 
from the territory of another State the consent of that 
State must also be obtained.f The case of West Vir- 
ginia was exceptional. 

* The words " slave " does not appear in the original Constitution. 
f After the late war Congress declared the Southern States to have 



190 NATIONAL GOVERNMENT 

6. United States Territory — Congress has complete 
power over the territory not organized into States 
(77). It establishes territorial governments, and these 
carry on all the ordinary governmental duties, but 
they are subject to the control of Congress. The 
clause with regard to the claims of States has no effect 
at the present day. 

7. Protection by United States — The United States 
must always see to it that the State governments are 
republican in form (78). The object is to perpetuate 
republican institutions. If some large State should 
establish a monarchy, it might in time engulf smaller 
ones, and in the end destroy the Constitution. Its 
policy would be in opposition to all republican institu- 
tions. So, if a State is in danger from invasion, or 
insurrection, it may call on the Nation for assistance. 

OHAPTEE XL 

AMENDMENT : DEBT : SUPREMACY : OATH : TEST : 
RATIFICATION 

1. Reason for Amendment — Article Y. describes 
the manner in which the Constitution may be amended 
(79). As the best human government is imperfect, and 
as all the future wants and necessities of a people can- 
not be foreseen and provided for, it is obvious that 
every constitution should contain some provision for 
its amendment. 

2. Mode of Amendment — This is described in the 

no lawful governments, and placed them under temporary military 
governments. In time they adopted new constitutions, and were 
readmitted to the Union by Congress. 



MISCELLANEOUS PROVISIONS 191 

Constitution (79). If amendments could be made 
whenever desired by a bare majority of the States, 
the strength and efficiency of the Constitution might 
be greatly impaired by frequent alterations. It is 
therefore wisely provided that a mere proposition to 
amend cannot be made except by a majority of at Least 
two-thirds of Congress, or of the legislatures of at least 
two-thirds of the States ; and that such proposition must 
be ratified by a still larger majority (three-fourths) of 
the States. It was thought better to submit occasionally 
to some temporary inconvenience than to indulge in 
frequent amendments. 

3. Public Debt — The clause (80j which adopts the 
prior debts of the country was intruded to allay the 
fears of public creditors, who apprehended that a 
change in the government would release the Nation 
from its obligations. But their fears were probably 
groundless, for one purpose in changing the govern- 
ment was to provide a way to pay those debts. 

4. Supremacy — The next clause (81) declares that 
the Constitution, the treaties and the laws of ( longress 
shall prevail over any State law or constitution. This 
is the clause giving efficacy to the Avhole Constitution. 
If any State could nullify the national law. nothing 
would be gained by the Union. Now, when a State 
law or State Constitution is passed contrary to the law 
of the Nation every one must consider it void, and the 
State judges must declare it so. 

5. Oath of Allegiance — All members of all State 
and national, legislative, executive, and judicial depart- 
ments are required on taking office to take the oath of 
allegiance, i.e., to support the Constitution of the United 
States (82). Binding the conscience of public officers 



192 NATIONAL GOVERNMENT 

by oath or solemn affirmation has ever been considered 
necessary to secure a faithful performance of their 
duties. They are generally required to swear not only 
to support the Constitution, but also to discharge the 
duties of their offices to the best of their ability. 

6. Test Oath — In the same clause, test (often called 
test oath) means an oath or a declaration in favor of or 
against certain religious opinions, as a qualification for 
office. In England, all officers, civil and military, were 
formerly obliged to make a declaration against transub- 
stantiation, and to assent to the doctrines and conform 
to the rules of the established church. The object of 
forbidding it here was to secure to every citizen the 
full enjoyment of religious liberty. But this clause 
does not bind the States. They can provide tests, but 
usually they have similar clauses in their constitutions. 

7. Ratification — By the Constitution (83) nine States 
were to ratify it before it had binding effect in any. The 
immediate ratification of the Constitution by all the 
States was hardly to be expected ; a unanimous ratifica- 
tion, therefore, was not required. But a Union of less 
than nine States was deemed inexpedient. The framers 
concluded their labors on the 17th of September, 1787 ; 
and in July, 1788, the ratification of New Hampshire, 
the ninth State, was received by Congress.* 

8. Commencement of Government — Thus in July, 
1788, the government had begun. During 1788 and the 

* The Constitution could not become binding on any State except 
by its own ratification, for the State was sovereign. But with amend- 
ments it is different. When accepted by three-fourths they are bind- 
ing on all. They have given up their sovereignty to this extent. By 
accepting the Constitution at first each State agreed that amendments 
might be made binding in that way, even against their consent. 



MISCELLANEOUS PROVISIONS 193 

early part of 1789, Senators, Representatives, and 
Presidential Electors were chosen by the States. In 
February, 1789, General Washington was elected 
President by the Electors, and was inaugurated April 
30th following, when the 1st Constitutional Congress 
assembled. 

CHAPTER XLI 

THE FIRST TWELVE AMENDMENTS 

1. In General — It is remarkable that during so long 
a period the Constitution has received so few changes. 
Up to 1865, though twelve amendments had been 
added, only the last two of them had made any altera- 
tion in the original provisions. This proves the wisdom 
and skill of the patriots who framed it, to whom we 
should be ever duly grateful for having furnished our 
country with so admirable a bulwark of liberty. 

2. Bill of Rights — This is a name given to the first 
ten amendments, because they contain a list of the 
rights deemed most important to the liberty of the 
people. These amendments do not change any original 
provision of the Constitution. They act merely as 
restrictions and limitations upon the powers of Con- 
gress, and were deemed unnecessary by those who 
framed the Constitution, for the reason that those 
rights were so generally acknowledged, and that the 
powers of Congress were limited to those expressly 
granted to it. But as several of the State conventions 
had, at the time of adopting the Constitution, expressed 
a desire that declarations and guaranties of certain 
rights should be added, in order to prevent miscon- 
struction and abuse, the first Congress, at its first ses- 

13 



194 NATIONAL GOVERNMENT 

sion, proposed twelve amendments, ten of which were 
ratified by the requisite number of States. 

3. Its Purpose — As long as popular liberty lasted 
sufficient to maintain any part of the Constitution it 
is not probable that any of these rights would have 
been violated, even had they remained unexpressed. 
And yet it was of value to express them. They are 
thus kept in the mind of all, serving as reminders, 
both to the ambitious man who in his power grows 
neglectful of the people's rights, and to the people 
themselves, who sometimes, through excitement and 
sudden indignation, are inclined to forget the rights 
they have guaranteed to every one. It is important 
to remember that the first twelve amendments affect 
only Congress and the national courts, not the State 
legislatures. For this reason similar provisions are 
often inserted in State constitutions, to bind the State 
legislatures and courts. We will refer briefly to 
these amendments in their order. 

4. Religious Freedom — The object of the 1st 
Amendment was to prevent the National Government 
from abridging religious freedom in any degree 
(84, 82). In England, though all were free to worship 
as they chose, yet there was an established church, 
supported by the government. Here it was thought 
best not only to have perfect liberty in religion, but 
also to have the Church and State entirely separate. 

5. Freedom of Speech and of the Press — These 
have been before defined (page 16). Congress is for- 
bidden to pass any law abridging them (84). The 
object of this provision was not to allow one to go 
unpunished who uttered slander or published libel. It 
was intended to prevent all use of those means which 



MISCELLANEOUS PROVISIONS 105 

in former times bad been used to repress tbe people, 
by forbidding them to speak or write on certain sub- 
jects unless licensed by the government beforehand. 
At one time it was the law in certain countries that 
even the Bible should not be printed except in a cer- 
tain language, which the people did not understand 
So, also, governments would require all books to be 
licensed before they could be printed, and would forbid 
the utterance of any criticism, no matter how just or 
honest, against them or their officers. 

(>. Right to Assemble — So, too, Congress is for- 
bidden to pass any law abridging the right of the 
people to assemble and present petitions to the govern- 
ment (84). Under pretence of preventing insurrection 
governments have at times denied the people this right. 

7. Right to Keep Anns — This means the right of 
every one to own and use, in a peaceful manner, war- 
like weapons; Congress is forbidden to pass any law- 
infringing the right (85). It Avas thought that with- 
out it, ambitious men might, by the aid of the regular 
army, overthrow the liberties of the people and usurp 
the powers of government. 

8. Quartering: of Soldiers in Private Houses — The 
3d Amendment arose from a remembrance of past 
experience (86). Among the grievances enumerated 
in the Declaration of Independence was one "for 
quartering large bodies of armed troops" among the 
people of the Colonies. 

9. Searches and Seizures — A search-warrant is a 
paper issued by a court directing a person's premises 
to be searched, because it is suspected there is stolen 
property there or property subject to duty. A seizure 
is the taking of such property, or the arrest of the 



196 NATIONAL GOVERNMENT 

person, by the officer. In the early times of English 
history these had been converted into instruments of 
tyranny. Search-warrants had been sometimes granted 
when no accusation had been made, and in blank, so 
that by filling out the blank the officer could search 
any house he chose. The 4th Amendment forbids 
Congress to pass any law authorizing warrants to issue, 
except when good cause is shown, and supported by 
oath (87). 

10. Criminal Proceeding's — The object of most of 
the provisions of the 5th and 6th Amendments is the 
protection of one accused of crime. Popular opinion 
is generally hasty in cases of crime, and the rights 
named in these amendments, most of which are easily 
understood,* are such as had been found necessary in 
the history of justice in England to save innocent per- 
sons from punishment. By them Congress is forbidden 
to pass any law infringing these rights (88, 89). So 
important was the trial by jury in criminal cases con- 
sidered, that it had been inserted in the body of the 
Constitution (69). 

11. Private Property — Every government of un- 
limited powers has the right to take the private prop- 
erty of any person, for some public use, and it may be 
done even without compensation. This is called the 
right of eminent domain. But even in those cases 
where Congress has this right, the 5th Amendment 
forbids its exercise without just compensation being 
paid the private owner (88). 

12. Trial by Jury in Civil Cases — We have seen 
that the jury trial is secured in criminal cases (69). 

* In the 5th Amendment "twice put in jeopardy" means tried 
again after having been once acquitted. 



MISCELLANEOUS PROVISIONS 197 

The 7th Amendment requires it in civil cases * also 
(90). Both these provisions refer only to cases in 
United States courts. The 7th Amendment also pro- 
vides what the effect of a jury's verdict shall be. By 
the rules of the common law, when the jury had 
rendered a decision upon a question of fact upon 
which some witnesses had testified in one way and 
others in another, that question could not be re-exam- 
ined in a higher court. After the passage of the Con- 
stitution it was thought that the clause which <jiv<s 
the Supreme Court appellate jurisdiction both aa t<> 
law and fact (08) might give it power to overthrow 
the verdict of a jury, and therefore this amendment 
was added. Thus we see how carefully the Constitu- 
tion protects the security, liberty, and property of 
the people. 

13. Excessive Bail — Bail lias been described (page 
88). But it will be seen that the amount of the bond 
might be fixed so high as to prevent persons accused 
of crime from procuring the necessary sureties; 
whereby innocent persons might be subjected to long 
imprisonment before the time of trial. To prevent 
this in the United States courts is the object of the 
8th Amendment. So, also, the degree of punishment is 
often left to the discretion of the court, as in the ease 
of treason, where any amount of fine over 810,000 
may be imposed. This amendment serves as a safe- 
guard against excess (91). 

14. Rights of People — There were those who 

* The amendment says " suits at common law." These are dis- 
tinguished from suits in equity or admiralty. It is unnecessary to 
give the meanings of these terms here. " Common law suits" 
include a large majority of all civil cases. 



198 NATIONAL GOVERNMENT 

feared that because the Constitution mentioned certain 
rights as belonging to the people, those not mentioned 
might be considered as having been surrendered to 
the General Government, or as having never existed. 
To prevent such possible misconstruction was the ob- 
ject of the 9th Amendment (92). 

15. Powers not Delegated — So, also, the 10th 
Amendment was strictly unnecessary, for it is self- 
evident that what one has and does not give away he 
still retains (see page 140). But many were fearful 
that the central government might absorb the powers 
rightfully belonging to the States, and this was in- 
serted to prevent such abuse (93). 

16. Suits against States — No State court can enter- 
tain any suit against a State. The 11th Amendment 
forbids the United States courts to entertain them 
(except by one State against another) (94). During 
the Eevolution the States had issued bills of credit 
which had not been paid. After the adoption of the 
Constitution suits were brought against some of the 
States by private persons to enforce payment of these 
bills of credit, and the Supreme Court decided that 
under the judicial clause (67) this could be done. It 
was in consequence of this decision that the amend- 
ment was passed. Now there is no way for a private 
person to sue a State in any court. It is thought 
best to leave a State free to settle its obligations in 
its own way and in its own time. 

17. Election of President — This is the subject of 
the 12th amendment (95, 96), and has been else- 
where treated (page 168). This amendment was 
adopted in 1804. Under the plan first adopted the 
chief opponent of the President became the Vice- 



MISCELLANEOUS PROVISIONS 199 

President, and as the country had become divided 
into two great opposing parties, they would naturally 
belong each to one of those. Now the Yice-President 
will usually belong to the same party as the President. 
Many have doubted the wisdom of this change. 



CHAPTER XLII 

THE 13TH, 14TH, AND 15TH AMENDMENTS 

1. In General — These three amendments were the 
logical political result of the Civil War. Its ultimate 
cause was negro slavery ; its final result, the raising of 
the negro to an equality before the law with t lie white 
man. These amendments differ from the others in this 
respect, that they are binding on the States as well as 
on the National Government. The States are named 
in them. 

2. Slavery — In 1863 President Lincoln had issued 
the Emancipation Proclamation. Whether this had 
any legal effect or not, the adoption of the 13th 
Amendment in 1805 did abolish slavery throughout 
the country (98). 

3. Civil Rights — But it is evident that a person, 
though not a slave, may not have all the civil rights 
of others, as the right to acquire, hold, or sell prop- 
erty, to engage in trade, to live where he pleases, etc. 
The slaves, emerging from slavery, had no civil rights. 
But by the 14th Amendment they are made citizens 
and all civil rights bestowed upon them (99). This 
was the second step in the elevation of the negro. 

4. Apportionment of Representatives — Thus 
4,000,000 people were added to the number of citizens 



200 NATIONAL GOVERNMENT 

in the United States, and they should be represented 
in the House. Therefore the total population was 
made the basis of representation. But it was antici- 
pated that the Southern States might not give the 
negro the right to vote, and thus he would be deprived 
of his representation in the House, while the white 
population of the South would derive all the gain 
from the increased representation, and therefore it 
was provided that whenever any State denied the suf- 
frage to any male citizens of the United States, its 
Representatives should be proportionately decreased 
in number (100). 

5. Political Disabilities — We have seen that all 
officers of any State or the United States were re- 
quired (82) to take an oath to support the Constitu- 
tion. The North considered that engaging in war 
against the National Government was attempting to 
subvert the Constitution, and therefore a breach of 
that oath. Therefore it was thought best to deprive 
such as had taken the oath and afterward engaged in 
war against the Union, of the right to hold office 
(101). But Congress was allowed to remove the dis- 
ability, and has done so in case of all but a very few. 

6. National Debt — The 14th Amendment also rec- 
ognizes and declares the validity of the national debt, 
but forbids the payment of any debt incurred in aid 
of rebellion, or any claim for the emancipation of the 
slaves (102). The South had incurred a large debt in 
the war, which was thus made void. 

7. Rig-lit of Suffrage — But though the colored race 
had all the civil rights, it had not as yet the right to 
vote. We have seen that the qualifications of voters 
is a matter belonging to the State (pages 26, 148, note). 



REVIEW QUESTIONS 201 

But by the 15th Amendment the State is forbidden to 
deny the right of suffrage to any one on account of 
his "race, color, or previous condition of servitude" 
(103). Thus the third and final step Avas taken in the 
constitutional changes, by which the black man was 
raised to a political equality with his fellow-man. 

8. Final — We have now completed our review of 
the National Government. The system established 
by the Constitution is peculiar, and is not necessarily 
suited to other countries. But as we study the Con- 
stitution our admiration for it should grow. The 
marvellous prosperity of the country, commercial and 
political, up to 1860, proved how well suited it was to 
our necessities, and the history of the years since the 
Civil War has shown how well grounded it is in the 
love of the people. 



REVIEW QUESTIONS 
The National Government 

Origin and Nature 

1. How was this country governed prior to the Revolution ? 

2. State the causes of the Revolution. 

3. State the political effect upon t he Colonies of the Declaration of 

Independence. 

4. When was the Confederation formed? How long did it last? 

State its principal defects. 

5. State when the Union was formed. Its fundamental difference 

from the Confederation. The chief differences in detail. 

6. What is the difference between a Confederacy and a Nation ? 

7. Give some instances showing the partial retention of the federa- 

tive principle in the National Government. 

Legislative Department 

8. Name the six objects of the Constitution stated in the preamble. 

9. How many members are there in the House of Representatives ? 

By whom elected ? For what term ? How apportioned 



202 REVIEW QUESTIONS 

among the States at first ? How apportioned now ? Qualifi- 
cations ? 

10. Answer the same questions as to the Senate. 

11. What is the object of two legislative houses ? 

12. Is the Senate or House of the higher dignity ? Why ? 

13. How often does Congress meet ? When ? Define " A Congress." 

14. By whom is impeachment made ? By whom tried ? 

15. State the powers of each House as to its members, officers, 

quorum, adjournment, rules, journal, yeas and nays. 

16. What privilege have members of Congress as to arrest ? Why ? 

As to liberty of speech ? Why ? 

17. What bills may originate in the House ? In the Senate ? 

18. State the reason for the provision as to revenue bills. 

19. Name all the ways in which a bill, having passed both Houses, 

may become a law. 

20. State the fundamental difference between Congress and a State 

legislature as to the origin and extent of their powers. 

21. Name the subjects on which Congress may legislate. 

22. What taxes may Congress lay ? For what purposes ? 

23. From what source does most of the national revenue now come ? 

24. Why has Congress the power to regulate commerce? In what 

ways is it exercised ? Explain retaliation duties. 

25. What is Protection ? Free Trade ? State the chief argument 

for each. Which is the policy of the United States ? 

26. What is Registry of vessels ? Clearance and Entry ? 

27. What is a citizen ? An alien ? Naturalization ? 

28. What is a bankrupt law ? The power, why given to Congress ? 

29. State the powers of Congress as to coinage ; as to weights and 

measures ; as to the Post-Office. Why given ? 

30. What is a copyright ? A patent ? What are their objects ? 

31. What powers has Congress as to piracy ? as to offences under 

international law ? W r hy given ? 

32. Over what parts of the United States has Congress exclusive 

authority ? 

33. Name some of the implied powers of Congress. 

34. Who has the power to declare war ? Why ? 

35. What are letters of marque ? What is prize ? 

36. flow is an army raised ? How does Congress control it ? 

37. By whom may the militia be called out ? When ? 

38. Name the prohibitions upon the United States. 

39. What is habeas corpus ? A bill of attainder ? An ex post facto 

law ? An appropriation by Congress ? 

40. State the reason for the prohibitions as to titles of nobility. 

41. Name the prohibitions upon the States. 

42. State the difference between money and legal tender. 

43. What is legal tender in the United States now ? 

Executive Department 

44. What is the advantage of having but one President ? 

45. By whom is he elected ? For what term ? 



REVIEW QUESTIONS 203 

46. What other modes were proposed ? State the objections to 

them. What was the purpose of the present one ? Was its 
purpose accomplished ? Why V 

47. Are Presidential Electors elected or appointed ? By whom ? 

State their proceedings. 

48. When does the House elect the President ? How does it vote ? 

49. What are the President's qualifications ? Salary ? 

50. What are the duties of the Vice-President ? 

51. State the President's powers as to the army and navy, reprieves 

and pardons, treaties, and appointments. 

52. What is the danger connected with this power of appointment ? 

53. What is the purpose of the President's message ? 

54. What is the most comprehensive duty of the President ? 

55. Name the auxiliary executive departments, and their duties. 

Judicial Department 

56. Explain the necessity for a national judiciary. 

57. Name the national courts. 

58. Can the United States be sued ? Why ? 

59. What is the Court of Claims ? How are its judgments enforced ? 

60. Are the judges appointed or elected ? By whom ? For what 

term ? 

61. State the three classes of cases in which the United States courts 

have jurisdiction, with the reason in each case. 

62. What is treason ? What proof necessary ? Its punishment. 

63. Name the crimes which the United States may punish. 

Jfiscellaneo us Pro v is in n s 

64. State the provision of the Constitution as to the rights of citizens 

of one State in another. 

65. How are fugitive criminals returned ? 

66. What protection must the United States extend to the States ? 

67. How may the Constitution be amended ? 

68. When a law of Congress and a State law are antagonistic, which 

must prevail ? A law of Congress and a State constitution ? 

69. What persons are obliged to take the oath to support the Con- 

stitution ? 

70. How did the Constitution originally become binding on a State ? 

How does an amendment to it ? 

71. How many Amendments are there ? What is the Bill of Rights ? 

Its purpose ? 

72. State the substance of each amendment, when it was passed, and 

its purpose. 

73. Can a State be sued by a State in a State court ? In a national 

court ? 

74. Can a State be sued by a private person in a State court ? In a 

national court ? Why ? 



WISCONSIN 



ITS STATE AND LOCAL GOVERNMENT 

WITH THE CONSTITUTION 

AS AMENDED 



BY 

A. J. IIUTTOX 

li 

Institute Conductor, Statk Normal School, Wan i.\\ vikk, Wisconsin 



Copyrijrht, 1896, by 

MAYNAKD, MERRILL, & CO. 
KEAV YORK 



WISCONSIN 

ITS STATE AND LOCAL GOVERNMENT 



WITH THE 



CONSTITUTION, AS AMENDED. 



Copyright 1896, 
By Maynard, Merrill, & Co. 



TO TEACHERS 

IIELPS TO THE STUDY OF CIVIL GOVERNMENT 

This supplement Is prepared as an aid to teachers id making the 

young people of Wisconsin acquainted with their State its forms 
of government, and institutions. Necessarily, the various topics 
are treated with brevity, though, it is hoped, with sufficient 

thoroughness to suggest the way in which the whole work had 
best be taught by an interested and competent teacher. 

Whatever the pupil knows of the workings of local forms of 
government should be utilized constantly. He should be encour- 
aged and directed to learn more by observation. Among the 
aids to this end, accessible to the ordinary teacher, the following 
are suggested : 

1. The newspapers; party calls for the holding of caucuses 

and conventions ; election notices: sample ballots; re- 
ports of court proceedings ; reports of proceedings of town 
boards, county boards, and city councils, etc. 

2. A copy of the Blue Book. 

3. A copy of the Railroad Map of Wisconsin. 

4. A copy of the Election Laws. 

5. A copy of the School Laws. 

6. A copy of the State Census Report. 

7. Copies of the reports of the various state institutions. 

8. Reports of the state officers, especially of the Secretary of 

State and the State Treasurer. 
The Annotated Statutes, the County History. Thwaites' Story of 
Wisconsin, the standard U. S. Histories, and the great Cyclopae- 
dias, when they can be had, should also be used freely. 



TABLE OF CONTENTS 



CHAPTER I. 
Introductory : Fifth State formed from the old North- 
west Territory, clipped of its Rightful Territory 
on all Sides. Fourteenth State in Population. Her 
Population and Resources 295 

CHAPTER II. 
Distinguishing Characteristics of the American System 
of Government 297 

CHAPTER III. 
The Constitution, as Amended 299 

CHAPTER IV. 
Preamble and Declaration of Rights 319 

CHAPTER V. 
Boundaries 325 

CHAPTER VI. 
Suffrage 326 

CHAPTER VII. 
Legislative 330 

CHAPTER VIII. 
County Government 337 

CHAPTER IX. 
Town Government 339 

CHAPTER X. 
Executive 341 

CHAPTER XI. 
Administrative 343 

CHAPTER XII. 
Judiciary 354 

CHAPTER XIII. 
Finance 365 

CHAPTER XIV. 
Trust Funds 367 

CHAPTER .. K 
Education 371 



WISCONSIN 

ITS GOVERNMENT AND CONSTITUTION 



Chapter I. — Introductory 

1. History — Wisconsin, the youngest of the five great 
States formed from the " Territory of the United States 
northwest of the river Ohio," was admitted into the 
Union May 29, 1848. By the provisions of the famous 
Ordinance of 1787, the southern boundary of Wisconsin 
should have been, "an east and west line, drawn through 
the southern bend or extreme of Lake Michigan." On 
the northwest, all that valuable territory between the 
Mississippi, the St. Croix, and the boundary line be- 
tween the United States and Canada, as far west as the 
Lake of the Woods, belonged, of right, to Wisconsin. 
So, too, did the upper peninsula of Michigan on the 
northeast. If Wisconsin had had her own, Chicago, 
St. Paul, Duluth, a large part of Minneapolis, and many 
other smaller cities, would have been hers. 

2. Ra,nk and Resources — The story of how Wisconsin 
was clipped of her territory is very interesting history, 
but this is not the place to tell it. Wisconsin, as she is, 
is a great State. By the census of 1805, she has very 
nearly two million inhabitants (1,937,915). She is the 
fourteenth State in the Union, in population. She has 
vast and varied natural resources, still, in great part, 
undeveloped ; a healthful, stimulating climate ; an ad- 

295 



296 WISCONSIN. 

mirable school system ; good laws, honestly and faith- 
fully administered ; and an intelligent, progressive, 
patriotic people. 

3. A Cosmopolitan State — Wisconsin is a cosmopolitan 
state. The lead regions early attracted people from 
the east and from the States bordering on the Ohio. 
Kentuckians were very numerous. They have left 
their impress upon the speech and customs of the peo- 
ple of these regions, and upon the institutions of the 
State. A very large part of the native-born population 
is of New England origin — people who tarried a while 
in western New York and Ohio on their way westward. 
During the constitution-making period, this element 
was the dominant one. Of the sixty-nine members of 
the convention that framed the constitution, twenty-five 
were natives of New York. And so it came to pass that 
the constitution was modeled after the constitution of 
New York, and not, as seemed probable earlier, after 
that of Kentucky. 

4. The Germans — In Milwaukee County, and all the 
other eastern counties, and in many other portions of the 
State, the Germans have settled in very large numbers. 
The history of their immigration into Wisconsin is ex- 
tremely interesting. That great movement of popula- 
tion was thoroughly organized. Settlements were made 
only after most careful and wise selection. Many of the 
settlers were people of high intelligence and culture. 
They came early, and their influence has been felt pro- 
foundly, in all the lines of the State's growth and devel- 
opment. 

5. The British and Irish — The British and Irish are 
numerous, widely diffused, and influential. Their names 
appear in the lists of governors, statesmen, jurists, mer- 



DISTING V 1 SUING CBA EA CTERISTICS 297 

chants, bankers, educators, and members of every other 
honorable calling. 

6. Other Foreigners —In Milwaukee and a few other 
places, the Polish element is strong. Scandinavians 
are numerous and influential in the lumbering regions 
and elsewhere. The Swiss are strong and prosperous 
in Green County. There are Frenchmen, Hollanders, 
Italians and other foreign elements, but not in such large 
numbers as those already enumerated. 

7. Effects upon the State— As lias been seen, the ele- 
ments of the population are very various. They differ 
very widely in nationality, social customs and religious 
beliefs. To this fact is due certain striking peculiarities 
in the constitution and laws, sueh as the strict ex- 
clusion of sectarian instruction from the public schools, 
and the extremely liberal provisions regarding the rights 
of suffrage, office-holding, and the ownership of land. 

Chapter II. — Distinguishing i Characterise 
the American System of Government 

1. The American System.— In beginning the study of the 
constitution of his State, the student must keep clearly 
in mind the chief characteristics of the American form 
of government. Every citizen of Wisconsin is subject 
to two governments, that of the State and that of the 
United States. These two governments are organically 
interrelated. The State government presupposes the 
United States government. The United States govern- 
ment presupposes the State government. The student 
cannot understand the State government unless he un- 
derstands the United States ofovernment, nor the United 
States government unless he understands the State 



298 WISCONSIN 

government. He has many duties, rights, privileges 
and immunities. Some of these arise out of his United 
States citizenship ; others out of his State citizenship. 
The United States government and the separate State 
governments, together, form one government which may 
well be called the American system. 

2. Its Chief Characteristics— As distinguished from most 
other governments of the world the American system 
presents these characteristics : — 

a. The recognition of the people as the source of all 
power. 

h. A very strong central government, with supreme 
authority, in certain well-defined and carefully guarded 
fields. 

C. The universal application of the principle of local 
self-government. 

d. As between the central government and the separate 
State governments, the extremely large range of powers 
left to the separate States, with which the United States 
have nothing whatever to do. 

e. Written constitutions, defining and limiting the 
powers of the government, particularly the legislative 
powers. 



Chapter III. — Constitution of the State of 
Wisconsin 

As Amended 
PREAMBLE 

We, the people of Wisconsin, grateful to Almighty God for our freedom, 
in order to secure its blessings, Conn ;i more perfect government, 
insure, domestic tranquillity, and promote the general welfare, do 
establish this Constitution. 

ARTICLE I 

DECLARATION OF RIGHTS 

Section 1. All men are born equally free and Independent, and have 
certain inherent rights ; among these are life, liberty, and the pursuit 
of happiness. To secure these rights governments are Instituted 

among men, deriving their just powers from the consent of the gov- 
erned. 

Section 2. There shall be neither slavery nor involuntary servitude 
in this State otherwise than for the punishment for crime, whereof the 
party shall have been duly convicted. 

Section 8. Every person may freely speak, write and publish his 
sentiments on all subjects, being responsible for the abuse of that 
right, and no laws shall be pissed to restrain or abridge the liberty of 
speech or of the press. In all criminal prosecutions or indictments for 
libel, the truth may be given in evidence : and if it shall appear to the 
jury that the matter charged as libelous be true, and was published 
with good motives and for justifiable ends, the party shall be acquitted ; 
and the jury shall have the right to determine the law and the facts. 

Section 4. The right of the people peaceably to assemble to consult 
for the common good, and to petition the government or any depart- 
ment thereof shall never be abridged. 

Section 5. The right of trial by jury shall remain inviolate, and 
shall extend to all cases at law. without regard to the amount in con- 
troversy ; but a jury trial may be waived by the parties in all cases in 
the manner prescribed by law. 

Section 6. Excessive bail shall not be required, nor shall excessive 
fines be imposed, nor cruel and unusual punishment be indicted. 

Section 7. In all criminal prosecutions the accused shall enjoy the 
right to be heard by himself and counsel; to demand the nature and 
cause of the accusation against him ; to meet the witnesses face to face; 
to have compulsory process to compel the attendance of witnesses in 
his behalf ; and in prosecutions by indictment or information, to a 
speedy public trial by an impartial jury of the county or district where- 

2 99 



oOO WISCONSIN 

in the offense shall have been committed ; which county or district 
shall have been previously ascertained by law. 

Section 8. (As amended Nov. 8, 1870.) No person shall be held to 
answer for a criminal offense without due process of law, and no 
person for the same offense shall be put twice in jeopardy of punish- 
ment, nor shall be compelled in any criminal case to be a witness 
against himself. All persons shall before conviction be bailable by 
sufficient sureties, except for capital offenses, when the proof is evi- 
dent or the presumption great ; and the privilege of the writ of habeas 
corpus shall not be suspended, unless when in cases of rebellion or inva- 
sion the public safety may require it. 

Section 9. Every person is entitled to a certain remedy in the laws, 
for all injuries or wrongs he may receive in his person, property, or 
character ; he ought to obtain justice freely, and without being obliged 
to purchase it, completely and without denial, promptly and without 
delay, conformably to the laws. 

Section 10. Treason against the State shall consist only in levying 
war against the same, or in adhering to its enemies, giving them aid 
and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

Section 11. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrant shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be seized. 

Section 12. No bill of attainder, ex post facto law, nor any law im- 
pairing the obligation of contracts, shall ever be passed ; and no con- 
viction shall work corruption of blood or forfeiture of estate. 

Section 13. The property of no person shall be taken for public use 
without just compensation therefor. 

Section 14. All lands within the State are declared to be allodial, and 
feudal tenures are prohibited. Leases and grants of agricultural land, 
for a longer term than fifteen years, in which rent or service of any kind 
shall be reserved, and all fines and like restraints upon alienation, re- 
served in any grant of land hereafter made, are declared to be void. 

Section 15. No distinction shall ever be made by law between resi- 
dent aliens and citizens, in reference to the possession, enjoyment, or 
descent of property. 

Section 10. No person shall be imprisoned for debt arising out of, or 
founded on a contract,, expressed or implied. 

Section 17. The privilege of the debtor to enjoy the necessary com- 
forts of life shall be recognized by wholesome laws, exempting a reason- 
able amount of property from seizure or sale for the payment of any 
debt or liability hereafter contracted. 

Section 18. The right of every man to worship Almighty God accord- 
ing to the dictates of his own conscience shall never be infringed, nor 
shall any man be compelled to attend, erect, or support any place of 
worship, or to maintain any ministry, against his consent. Nor shall 
an v <•, ,ut !■ »1 of or interference with the rights of conscience be permitted, 
or any preference be given by law to any religious establishments or 



CONSTITUTION 301 

mode of worship Nor shall any money be drawn from the treasury for 
the benefit of religious sociel lee, or religious or theological seminaries. 

Section 19. No religious testa shall ever be required as a qualifica- 
tion for any office of public trust, under the State, and BO person shall 
be rendered incompetent to give evidence in any court of law or equity, 
in consequence of his opinions on the subject of religion. 

Section 20. The military shall be In strict subordination to the civil 
power. 

Section 21. Writs of error shall never be prohibited by law. 

Section 22. The blessings of a fret- government can only be main- 
tained by a flrmadherence to Justice, moderation, temperance, frugality 
and virtue, and by frequent recurrence to fundamental principles. 

ARTICLE II 

BOUNDAKIIS 

Section 1. It is hereby ordained and declared thai the State of Wis- 
consin doth consent and accept of (he boundaries prescribed In the ad 
of Congress entitled "an act to enable tin- people of Wisconsin Terri- 
tory to form a Constitution and State Government, and for the admission 
of such State into the Union;' 1 approved August sixth, one thousand 
eight hundred and forty-six, to wit : beginning a< the oortheasl corner 
of the State of Illinois, that Is to say, at a point In the center of Lake 
Michigan where the line of forty-two d eg r ees and thirty minutes of 
north latitude crosses t lie same ; thence, running with the boundary of 
the State of Michigan, through Lake Michigan, Green Bay, to the mouth 
of the Menomonee river ; thence up the channel of the said river to the 
Brule river ; thence up said last mentioned river to bake Brule : thence 
along the southern shore of bake Brule, in a direct line to the center <>f 
the channel between Middle and South Islands, in the Lake of the Desert : 
thence in a direct line to the head waters of the Montreal river, as 
marked upon the survey made byCaptainCram ; thence down the main 

Channel Of (he Montreal river to the middle of bake Superior; thence 
through the Center of lake Superior to the mouth of the St. bonis river : 
thence up the main channel of said river to the first rapids in the same. 
above the Indian village, according to Nicollet's map : thence due south 

to the main branch of the river St. Croix : thence down the main chan- 
nel of said river to the Mississippi : thence down the center of the main 
channel of that river to the northwest corner of the State of Illinois: 
thence due east with the northern boundary of the State of Illinois, to 
the place of beginning. * * * * 

Section 2. The propositions contained in the act of Congress are here- 
by accepted, ratified and confirmed, and shall remain irrevocable with- 
out the consent of the United States ; and it is hereby ordained that 
this State shall never interfere with the primary disposition of the soil 
within the same, by the United States, nor with any regulations Con- 
gress may find necessary for securing the title in such soil to bona ride 
purchasers thereof ; and no tax shall be imposed on land the property 
of the United States ; and in no case shall non-resident proprietors be 
taxed higher than residents. Provided, That nothing in this Constitu- 
tion, or in the act of Congress aforesaid, shall in any manner prejudice 



302 WISCONSttf 

or affect the right of the State of Wisconsin to five hundred thousand 
acres of land granted to said State, and to be hereafter selected and 
located, by and under the act of Congress, entitled " an act to appro- 
priate the proceeds of sales of the public lands, and grant pre-emption 
rights," approved September fourth, one thousand eight hundred and 
forty-one. 

ARTICLE III 



Section 1. (As amended Nov. 7, 1882). Every male person of the ajre 
of twenty-one years or upwards belonging to either of the following 
classes who shall have resided within the State for one year next pre- 
ceding any election, and in the election district where he offers to vote, 
such time as may be prescribed by the Legislature, not exceeding thirty 
days, shall be deemed a qualified elector at such election. 

1. Citizens of the United States. 

2. Persons of foreign birth who shall have declared their intention to 
become citizens conformably to the laws of the United States on the 
subject of naturalization. 

3. Persons of Indian blood who have once been declared bylaw of con 
gress to be citizens of the United States, any subsequent law of con- 
gress to the contrary notwithstanding. 

4. Civilized persons of Indian descent not members of any tribe ; pro- 
vided, that the legislature may at any time extend by law the right of 
suffrage to persons not herein enumerated ; but no such law shall be in 
force until the same shall have been submitted to a vote of the people 
at a general election and approved by a majority of all the votes cast 
at such election ; and provided further, that in incorporated cities and 
villages, the legislature may provide for the registration of electors and 
prescribe proper rules and regulations therefor. 

Section 2. No person under guardianship, non compos mentis, or in- 
sane, shall be qualified to vote at any election ; nor shall any person 
convicted of treason or felony be qualified to vote at any election unless 
restored to civil rights. 

Section 3. All votes shall be given by ballot, except for such town- 
ship officers as may by law be directed or allowed to be otherwise 
chosen. 

Section 4. No person shall be deemed to have lost his residence in 
this State by reason of his absence on business of the United States, 
or of this State. 

Section 5. No soldier, seaman, or marine, in the army or navy of the 
United States shall be deemed a resident of this State in consequence 
of being stationed within the same. 

Section 6. Laws may be passed excluding from the right of suffrage 
all persons who have been or may be convicted of bribery or larceny, 
or of any infamous crime, and depriving every person who shall make, 
or become directly or indirectly interested in, any bet or wager depend- 
ing upon the result of any election, from the right to vote at such 
election. 



CONSTITUTION 303 

ARTICLE IV 

LEGISLATIVE 

Section 1. The legislative power shall be vested in a Senate and 
Assembly. 

Section 2. The number of the members of the Assembly shall never 
be less than fifty-four, nor more than one hundred. The Senate shall 
consist of a number not more than one-third, nor less than one-fourth, 
of the number of the members of the Assembly. 

Section 3. The Legislature shall provide by law for an enumeration 
of the Inhabitants <>f the state in the year on.- thousand eight hundred 
and fifty-five, ami at the end of every ten yean thereafter; and at 

their first session after such enumeration, and also after each enumer- 
ation made by the authority of the United States, tin- Legislature shall 
apportion and district anew the members of the Benate and assembly, 
according to the number of inhabitants, excluding Indians not taxed. 
and soldiers and officers of the United States army and navy. 

Skction 1. (As amended Nov. 8, 1881.) The members of the Aaaem- 
bly shall he chosen biennially, by single district son the Tuesday succeed- 
ing the first Monday of November after the adoption of this amend- 
ment, by the qualified electors of the several districts: such districts 
to be bounded by county, precinct, town or ward lines, to consist of 
contiguous territory, and be in as compact form as practicable. 

Section 5. (As amended Nov. 8, 1881. 1 The senators shall be elected 
by Single districts of convenient contiguous territory, at the same time. 
and in the same manner as members of the assembly are required to be 
chosen, and no assembly district shall he divided in the formation of a 
senate district. The senate districts shall be numbered in the regular 
Series, and the senators shall he chosen alternately from the odd and 
even numbered districts. The senators elected, or holding over at the 
time of the adoption of this amendment, shall continue in office till 
their successors are duly elected and qualified : and after the adoption 
of this amendment, all senat. is shall be chosen for the term of four 
years. 

Section 6. No person shall be eligible to the Legislature who shall 
not have resided one year within the State, and be a qualified elector 
in the district which he may be chosen to represent. 

Section 7. Each House shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each shall 
constitute a quorum to do business : hut a smaller number may adjourn 
from day to day and may compel the attendance of absent members, 
in such manner and under such penalties as each House may provide. 

Section 8. Each House may determine the rules of its own proceed- 
ings, punish for contempt and disorderly behavior, and with the con- 
currence of two-thirds of all the members elected, expel a member ; 
but no member shall be expelled a second time for the same cause. 

Section 9. Each House shall choose its own officers, and the Senate 
shall choose a temporary President, when the Lieutenant Governor 
shall not attend as President, or shall act as Governor. 



304 WISCONSIN 

Section 10. Each House shall keep a journal of its proceedings, and 
publish the same, except such parts as require secrecy. The doors of 
each House shall be kept open except when the public welfare shall 
require secrecy. Neither House shall, without the consent of the 
other, adjourn for more than three days. 

Section 11. (As amended Nov. 8, 1881.) The legislature shall meet 
at the seat of government at such times as shall be provided by law, 
once in two years and no of tener, unless convened by the governor in 
special session, and when so convened no business shall be transacted 
except as shall be necessary to accomplish the special purposes for 
which it was convened. 

Section 12, No member of the Legislature shall, during the term for 
which he was elected, be appointed or elected to any civil office in the 
State which shall have been created, or the emoluments of which shall 
have been increased, during the term for which he was elected. 

Section 13. No person being a member of Congress, or holding any 
military or civil office under the United States, shall be eligible to a 
seat in the Legislature ; and if any person shall, after his election as a 
member of the Legislature, be elected to Congress, or be appointed to 
any office, civil or military, under the Government of the United States, 
his acceptance thereof shall vacate his seat. 

Section -14. The Governor shall issue writs of election to fill such 
vacancies as may occur in either House of the Legislature. 

Section 15. Members of the Legislature shall, in all cases except 
treason, felony, and breach of the peace, be privileged f rom arrest ; nor 
shall they be subject to any civil process, during the session of the 
Legislature, nor for fifteen days next before the commencement and 
after the termination of each session. 

Section 16. No member of the Legislature shall be liable in any 
civil action or criminal prosecution whatever, for words spoken in 
debate. 

Section 17. The style of the laws of the State shall be, " The people 
of the State of Wisconsin, represented in Senate and Assembly, do 
enact as follows,'" and no law shall be enacted except by bill. 

Section 18. No private or local bill, which may be passed by the 
Legislature, shall embrace more than one subject, and that shall be 
expressed in the title. 

Section 19. Any bill may originate in either House of the Legislature ; 
and a bill passed by one House may be amended by the other. 

Section 20. The yeas and nays of the members of either House, on 
any question, shall, at the request of one-sixth of those present, be 
entered on the journal. 

Section 21. (As amended Nov. 8, 1881.) Each member of the Legis- 
lature shall receive for his services, for and during a regular session, 
the sum of five hundred dollars, and ten cents for every mile he shall 
travel in going to and returning from the place of meeting of the Legis- 
lature on the most usual route In case of an extra session of the 
Legislature, no additional compensation shall be allowed to any member 
thereof, either directly or indirectly, except for mileage, to be com- 
puted at the same rate as for a regular session. No stationery, news- 
papers, postage or other perquisite, except the salary and mileage 



50 
51 



CONSTITUTION 305 

above provided, shall be received from the state by any member of the 
Legislature for his services, or in any other manner as such member. 

Section 22. The Legislature may confer upon the Board of Super- 
visors of the several counties of the State, such powers, of a local, leg- 
islative, and administrative character, as they shall from time to time 
prescribe. 

Skction 88. The Legislature shall establish but one System of town 
and county government, which shall be as nearly uniform as prac- 
ticable. 

Section 24. The Legislature shall never authorize any lotto! 
grant any divorce. 

Skction 26. The Legislature shall provide hy law that all stationery 
required for the use of the State, and all printing authorized and re- 
quired by them to be d.m.- Cor their use, or for the State, shall be lei 
by contract to the lowest bidder; but the Legislature may establish a 
maximum price. No mem b er of the Legislature, or other State officer, 

shall be interested, either directly or indirectly, in any such contract. 

Section 20. The Legislature shall never grant any extra compensa- 
tion to any public officer, agent, SOI r a nt, OT < -on tractor, after the 
ice shall have been rendered or the contract entered Into. Nor shall 

the compensation of any public officer be Increased Or diminished 
during his term ol Office. 

Section 27. The Legislature shall direct by law in what manner and 
in what court suit may be brought against the state. 

Section 88. Members of the Legislature, and %11 officers, executive 

and judicial, except such inferior officers as may be by law exempted, 
shall, before they enter upon the duties of their respective offices, take 
and subscribe an oath or affirmation to support the ( 'oiistitut i>-n of the 
United States, and the Constitution of the Slate of Wisconsin, and faith- 
fully to discharge the duties of their respective offices to the 
their ability. 

Section 29. The Legislature shall determine what persons shall con- 
stitute the militia of the state, an 1 may provide for organising and 
disciplining the same, in such manner as shall be prescribed by law. 

Section 30. In all elections to be made by the Legislature, the mem- 
bers thereof shall vote viva voce, and their votes shall be entered on the 
journal. 

Section 81. (Added Nov. 7. 1S71. the word city inserted in 9th sub- 
division, Nov. 8, 1892.) The Legislature is prohibited from enacting any 
special or private laws in the following cases : 1st. For changing the 
name of persons or constituting one person the heir-at-law of another. 
2d. For laying out, opening or altering highways, except in c 
State roads extending into more than one county, and military roads to 
aid in the construction of which lands may be granted by Congress. 
3d. For authorizing persons to keep ferries across streams, at points 
wholly within this State. 4th. For authorizing the sale or mortgage of 
real or personal property of minors or others under disability. 5th. For 
locating or changing any county seat. 6th. For assessment or collec- 
tion of taxes or for extending the time for collection thereof. 7th. For 
granting corporate powers or privileges, except to cities. Sth. For 
authorizing the apportionment of auy part of the school fund. 9th. For 

20 



306 WISCONSIN 

incorporating any city, town or village, or to amend the charter 
thereof. 

Section 32. (Added Nov. 7, 1871.) The Legislature shall provide 
general laws for the transaction of any business that maybe prohibited 
by section thirty-one of this article, and all such laws shall be uniform 
in their operations throughout the State. 

ARTICLE V 

EXECUTIVE 

Section 1 . The executive power shall be vested in a Governor who 
shall hold his office for two years. A Lieutenant Governor shall be 
elected at the same time, and for the same term. 

Section 2. No person, except a citizen of the United States, and a 
qualified elector of the State shall be eligible to the office of Governor 
or Lieutenant Governor. 

Section 3. The Governor and Lieutenant Governor shall be elected 
by the qualified electors of the State at the times and places of choosing 
members of the Legislature. The persons respectively having the 
highest number of votes for Governor and Lieutenant Governor shall 
be elected. But in case two or more shall have an equal and the highest 
number of votes for Governor or Lieutenant Governor, the two Houses 
of the Legislature, at its next annual session, shall forthwith, by joint 
ballot, choose one of the persons so having an equal and the highest 
number of vofces for Governor or Lieutenant Governor. The returns of 
election for Governor and Lieutenant Governor shall be made in such 
manner as shall be provided by law. 

Section 4. The Governor shall be Commander-in-Chief of the military 
and naval forces of the State. He shall have the power to convene the 
Legislature on extraordinary occasions ; and in case of invasion, or 
danger from the prevalence of contagious disease at the seat of the Gov- 
ernment, he may convene them at any other suitable place within the 
State. He shall communicate to the Legislature, at every session, the 
condition of the State, and recommend such matter to them for their 
consideration, as he may deem expedient. He shall transact all neces- 
sary business with the officers of the Government, civil and military. 
He shall expedite all such measures, as may be resolved upon by the 
Legislature, and shall take care that the laws be faithfully executed. 

Section 5. (As amended Nov. 2, 1869.) The Governor shall receive 
during his continuance in office, an annual compensation of five thou- 
sand dollars, which shall be in full for all traveling or other expenses 
incident to his duties. 

Section 6. The Governor shall have power to grant reprieves, com- 
mutations, and pardons, after conviction, for all offenses except treason 
and cases of impeachment, upon such conditions and with such restric- 
tions and limitations as he may think proper, subject to such regula- 
tions as may be provided by law relative to the manner of applying for 
pardons. Upon conviction for treason, he shall have the power to sus- 
pend the execution of the sentence until the case shall be reported to 
the Legislature, at its next meeting, when the Legislature shall either 
pardon, or commute the sentence, direct the execution of the sentonc3 



CONSTITUTION 307 

or grant a further reprieve. He shall annually communicate to the 
Legislature each case of reprieve, commutation or pardon granted, 
stating the name of the convict, the crime of which he was convicted, 
tin; sentence an 1 its date, and the date of the commutation, pardon, or 
reprieve, with his reasons for granting the same. 

Section 7. In case of the impeachment of the Governor, or his re- 
moval from office, death, inability from mental or physical d isease, resig- 
nation, or absence from the State, the powers and duties "f the office 
shall devolve upon the Lieutenant Governor, for the residue of the term, 
or until the Governor, absent or Impeached, shall have returned, or the 
disability shall cease. Hut when the Governor shall, with the consent 
of the Legislature, be out of th" State in time of war. at the head of the 
military force thereof, he shall continue Commander-in-Chief of the 
military force of the State. 

Skction k. The Lieutenanl Governor shall he President of the Senate, 

but shall have only a c i>t tag vote tie-rein. If. during a vacancy in the 
office of Governor, the Lieutenant a ivernor shall be impeached dis- 
placed, resign, die, or from mental or physical disease become Incapable 
of performing the duties of his office, or be absent from the state, the 
Secretary <>f State sb ill a -t as <; ivernor untU th" vacancy shall be tilled. 

or the disability shall oeaSB. 

Section '.I. (As amended Nov. 8, 1809.) Th" Lieutenant tiovernor 
shall receive during his continuance in office, an annual compensation 
of one thousand dollars. 

Section 10. Every bill which shall have passed the Legislature shall, 
before It becomes a law, be presented 1 » the governor. If he approve, 
lie shall sign it; but if not. be Shall return it. with his objections, to 
that House in which it shall have originated, who shall enter the objec- 
tions al large upon the journal and proceed to reconsider it. If. after 
such reconsideration, two-thirds of the members present shall a gree to 
pass the bill, it shall be sent, together with the objections to the other 
House, by which It shall likewise be reconsidered, end if approved by 
two-thirds of the members present, it shall become a law. But in all 

such oases, the votes of both Souses shall be determined by yeas ami 

nays, and the names of the members voting for or against the bill shall 
be entered on the journal of each House respectively. If any bill shall 
not be returned by the Governor within three days (Sundays excepted I 
after it shall have been presente 1 to him, the same shall be a law. un- 
less the Legislature shall, by their adjournment, prevent its return ; in 
which case it shall not be a law. 

ARTICLE VI 

ADMINISTRATIVE 

Section 1. There shall be chosen by the qualified elect ora of the State, 
at the times and places of choosing the members of the Legislature, a 
Secretary of State, Treasurer, and Attorney-General, who shall severally 
hold their offices for the term of two years. 

Section 2. The Secretary of State shall keep a fair record of the 
official acts of the Legislature and Executive Department of the State, 
and shall, when required, lay the same and all matters relative thereto 



308 WISCONSIN 

before either branch of the Legislature. He shall be ex officio auditor, 
and shall perform such other duties as shall be assigned him by law. 
He shall receive as a compensation for his services, yearly, such sum 
as shall be provided by law, and shall keep his office at the seat of 
government. 

Section 3. The powers, duties and compensation of the Treasurer 
and Attorney-General shall be prescribed by law. 

SEcriON 4. (As amended Nov. 7, 1882). Sheriffs, coroners, registers 
of deeds, district attorneys, and all other county officers, except judicial 
officers, shall be chosen by the electors of the respective counties, once 
in every two years. Sheriffs shall hold no other office, and be ineligible 
for two years next succeeding the termination of their offices ; they 
may be required by law to renew their security from time to time, and 
in default of giving such new security their offices shall be deemed 
vacant, but the county shall never be made responsible for the acts of 
the sheriff. The Governor may remove any officer in this section men- 
tioned, giving to such a copy of the charges against him and an op- 
portunity of being heard in his defense. All vacancies shall be filled by 
appointment, and the person appointed to fill a vacancy shall hold only 
for the unexpired portion of the term to which he shall be appointed 
and until his successor shall be elected and qualified. 

ARTICLE VII 

JUDICIARY 

Section 1. The court for the trial of impeachments shall be composed 
of the Senate. The House of Representatives shall have the power of 
impeaching all civil officers of this State, for corrupt conduct in office, 
or for crimes and misdemeanors ; but a majority of all the members 
elected shall concur in an impeachment. On the trial of an impeach- 
ment against the Governor, the Lieutenant Governor shall, not act as 
a member of the court. No judicial officer shall exercise his office after 
he shall have been impeached, until his acquittal. Before the trial of 
an impeachment, the members of the court shall take an oath or affirma- 
tion truly and impartially to try the impeachment, according to evi- 
dence ; and no person shall be convicted without the concurrence of 
two-thirds of the members present. Judgment in cases of impeach- 
ment shall not extend further than to removal from office, or removal 
from office and disqualification to hold any office of honor, profit or 
trust, under the State ; but the party impeached shall be liable to in- 
dictment, trial and punishment according to law. 

Section 2. The judicial power of this State, both as to matters of law 
and equity, shall be vested in a Supreme Court, Circuit Courts, Courts 
of Probate, and in Justices of the Peace. The Legislature may also vest 
such jurisdiction as shall be deemed necessary in Municipal Courts and 
shall have power to establish inferior courts in the several counties, with 
limited civil and criminal jurisdiction. Provided, that the jurisdiction 
which may be vested in Municipal Courts shall not exceed, in their re- 
spective municipalities, that of Circuit Courts in their respective cir- 
cuits, as prescribed in this Constitution ; and that the Legislature shall 
provide as well for the election of judges of the Municipal Courts as of 



CONSTITUTION 309 

the judges of inferior Courts, by the qualified electors of the respective 
jurisdictions. The term of office of the judges of the said Municipal 
and inferior courts shall not be longer than that of the judges of the 
Circuit Courts. 

Section 3. The Supreme Court, except in cases otherwise provided 
in this Constitution, shall have appellate jurisdiction only, which shall 
be co-extensive with the State ; but in no case remove 1 to the Supreme 
Court, shall a trial by jury be allowed. Tin- Supreme < Jourl shall have 
a general superintending control orer all Inferior courts; it shall have 
power to issue writs of" habeas corpus, mandamus, injunction, quo war- 
ranto, certiorari and other original and remedial writs, and to hear an 1 
determine the same. 

Section 4. ( As amended Nov. 7, 188(2. 1 The supreme court shall con- 
sist of one chief justice and lour associate justices, to be elected by 
the qualified electors of the State. The Legislature shall, at its first 
session after tha adoption of this amendment, provide bylaw (or the 
election of two associate justic ■-; of sal l <■ >urt, to b rid their offices (or 
terms ending two ami (our years respectively, after the end of the term 
of the justice of the said court then last to expire. An 1 t hereafter the 
chief justice and associate justices o( the said court shall be elected and 
hold their offices respecl Lvely tor the term of ten years. 

Section 4. (As amended April 2, 1888. i The chief justice and associ- 
ate justices of the supreme courl shall be severally known as justices 
of said court with the same terms of office, respectively, as now pro- 
vided. The supreme courl shall consist of five justices (any three of 
whom.8b.al] be a quorum), to be elected as now provider The justice 
having been longest a continuous member of the court (or in case of two 
ormoreofsuch senior justices having served (or the same length of 
time, then the one whose commission first expires), shall be ex-offlcio 
the chief justice. 

Section 5. (Provides for first division of tlf State into judicial dis- 
tricts. ) 

Section 6. The Legislature may alter the limits, or increase the num- 
ber of circuits, making them as compact and convenient as practicable, 
and bounding them by county lines, hut no such alteration or Increase 
shall have the effect to remove a judge from office. In case of an in- 
crease of circuits, the judge or judges Shall be elected as provided in 
this Constitution, and receive a salary not less than thai herein provided 
for judges of the Circuit Court. 

Section 7. For each circuit there shall be a judge chosen by the 
qualified electors therein, who shall hold his office as is provided in this 
Constitution, and until his successor shall be chosen and qualified : and 
after he shall have been elected, he shall reside in the circuit for which 
he was elected. * * * * 

Section 8. The Circuit Courts shall have original jurisdiction in all 
matters, civil and criminal, within this State, not excepted in this Con- 
stitution, and not hereafter prohibited by law. and appellate jurisdiC' 
tion from all inferior courts and tribunals, and a supervisory control 
over the same. They shall also have the power to issue writs of habeas 
corpus, mandamus, injunction, quo warranto, certiorari, and all other 
writs necessary to carry into effect their orders, judgments and de- 



310 



WISCONSIN 



crees, and give them a general control over inferior courts and juris- 
dictions. 

Section 9. When a vacancy shall happen in the office of Judge of 
the Supreme or Circuit Courts, such vacancy shall be filled by an 
appointment of the Governor, which shall continue until a successor is 
elected and qualified ; and when elected, such successor shall hold his 
office the residue of the unexpired term. There shall be no election for 
a judge or judges at any general election for State or county officers, 
nor within thirty days either before or after such election. 

Section 10. Each of the Judges of the Supreme and Circuit Courts 
shall receive a salary, payable quarterly, of not less than one thousand 
five hundred dollars annually ; they shall receive no fees of office, or 
other compensation than their salaries ; they shall hold no office of 
public trust, except a judicial office, during the term for which they 
are respectively elected, and all votes for either of them, for any office 
except a judicial office given by the Legislature or the people, shall be 
void. No person shall be eligible to the office of Judge, who shall not, 
at the time of his election, be a citizen of the United States, and have 
attained the age of twenty-five years, and be a qualified elector within 
the jurisdiction for which he may be chosen. 

Section 11 . The Supreme Court shall hold at least one term annually, 
at the seat of government of the State, at such time as shall be pro- 
vided by law, and the Legislature may provide for holding other terms, 
and at other places, when they may deem it necessary. A Circuit 
Court shall be held at least twice in each year, in each county of this 
State, organized for judicial purposes. The judges of the circuit court 
may hold courts for each other, and shall do so when required by law. 

Section 12. (As amended Nov. 7, 1882.) There shall be a clerk of the 
Circuit Court chosen in each county organized for judicial purposes, 
by the qualified electors thereof, who shall hold his office for two years, 
subject to removal, as shall be provided by law. In case of a vacancy, 
the Judge of the Circuit Court shall have power to appoint a clerk, 
until the vacancy shall be filled by an election. The clerk thus elected 
or appointed shall give such security as the Legislature may require. 
The Supreme Court shall appoint its own Clerk, and the Clerk of a 
Circuit Court may be appointed Clerk of the Supreme Court. 

Section 13. Any Judge of the Supreme or Circuit Court may be re- 
moved from office by address of both Houses of the Legislature, if two- 
thirds of all the members elected to each House concur therein, but no 
removal shall be made by virtue of this section, unless the judge com- 
plained of shall have been served with a copy of the charges against 
him as the ground of address, and shall have had an opportunity of 
being heard in his defense. On the question of removal, the ayes and 
noes shall be entered on the journals. 

Section 14. There shall be chosen in each county, by the qualified 
electors thereof, a Judge of Probate, who shall hold his office for two 
years, and until his successor shall be elected and qualified, and whose 
jurisdiction, powers and duties shall be prescribed by law. Provided, 
however, That the Legislature shall have power to abolish the office of 
Judge of Probate in any county, and to confer probate powers upon 
such inferior courts as may be established in said county. 



CONSTITUTION 311 

Section 15. The electors of the several towns, at their annual town 
meetings, and the electors of cities and villages, at their charter elec- 
tions, shall in such manner as the Legislature may direct, elect justices 
of the peace, whose term of office shall be for two years, and until 
their successors in office shall be elected and qualified. In case of an 
election to fill a vacancy occurring before the expiration of a full term, 
the justice elected shall hold for the residue of the unexpired term. 
Their number and classifications shall be regulated by law. And the 
tenure of two years shall in nowise Interfere with th»- classification in 
the first instance. The justices thus elected shall have such civil and 
criminal jurisdiction as shall be prescribed by law. 

Section 16. The Legislature shall pass laws for the regulation of 
tribunals of conciliation, defining their powers and duties. Such tri- 
bunals may be established in and for any township, and sh.ll have 

power to render judgment, to be obligatory <»n the parties, when they 

Shall voluntarily submit their matter in difference to arbitration, and 
agree to abide the judgment, or assent thereto in writing. 

Section 17. The style of all writs and process shall be. --The State of 
Wisconsin. '' All criminal prosecutions shall be carried on in the name 
and by the authority of the same; and all Indictments shall conclude 
against the peace and dignity <>f the State. 

Section 18. The Legislature shall Impose a tax on all civil suits 
Commenced or prosecuted iii the municipal, inferior, or circuit courts, 
which shall constitute a fund to be applied toward the payment of the 
salary of the judges. 

Section 19. The testimony in causes in equity shall be taken in like 
manner as In cases at law ; and the office of master in chancery is here- 
by prohibited. 

Section 20. Any suitor in any court in this State shall have the right 
to prosecute or defend his suit either in his own proper person or by an 
attorney or agent of his choice. 

Section 21. The Legislature shall provide by law for the speedy 
publication of all statute laws, and of such judicial decisions made 
within the State, as maybe deemed expedient. And no general law 
shall be in force until published. 

Section 22. The Legislature, at its first session after the adoption of 
this Constitution, shall provide for the appointment of three commis- 
sioners, whose duty it shall be to impure into, revise, and simplify the 
rules of practice, pleadings, forms, and proceedings, and arrange a 
system adapted to the courts of record of this State, and report the 
same to the Legislature, subject to their modification and adoption; 
and such commission shall terminate upon the rendering of the report, 
unless otherwise provided by law. 

Section 23. The Legislature may provide for the appointment of one 
or more persons in each organized county, and may vest in such persons 
such judicial powers as shall be prescribed by law. Provided, That 
said power shall not exceed that of a judge of the Circuit Court at 
chambers. 



312 WISCONSIN 



ARTICLE VIII 



Section 1 . The rule of taxation shall be uniform, and taxes shall be 
levied upon such property as the Legislature shall prescribe. 

Section 2. (As amended Nov. 6, 1877.) No money shall be paid out of 
the treasury, except in pursuance of an appropriation by law. No 
appropriation shall be made for the payment of any claim against the 
State, except claims of the United States, and judgments, unless filed 
within six years after the claim accrued. 

Section 3, The credit of the State shall never be given or loaned in 
aid of any individual, association, or corporation. 

Section 4. The State shall never contract any public debt, except in 
the cases and manner herein provided. 

Section 5. The Legislature shall provide for an annual tax sufficient 
to defray the estimated expenses of the State for each year ; and 
whenever the expenses of any year shall exceed the income, the Legis- 
lature shall provide for levying a tax for the ensuing year, sufficient, 
with other sources of income, to pay the deficiency, as well as the esti- 
mated expenses of such ensuing year. 

Section 6. For the purpose of defraying extraordinary expenditures, 
the State may contract public debts ; but such debts shall never, in the 
aggregate, exceed one hundred thousand dollars. Every such debt 
shall be authorized by law, for some purpose or purposes to be dis- 
tinctly specified therein ; and the vote of a majority of all the members 
elected to each house, to be taken by yeas and nays, shall be necessary 
to the passage of such law ; and every such law shall provide for levy- 
ing an annual tax sufficient to pay the annual interest of such debt, and 
the principal within five years from the passage of such law, and shall 
specially appropriate the proceeds of such taxes to the payment of such 
principal and interest ; and such appropriation shall not be repealed, 
nor the taxes be postponed or diminished, until the principal and inter- 
est of such debt shall have been wholly paid. 

Section 7. The Legislature may also borrow money to repel invasion, 
suppress insurrection, or defend the State in time of war ; but the 
money thus raised shall be applied exclusively to the object for which 
the loan was authorized, or to the repayment of the debt thereby 
created. 

Section 8. On the passage in either house of the Legislature, of any 
law which imposes, continues or renews a tax, or creates a debt or 
charge, or makes, continues or renews an appropriation of public or 
trust money, or releases, discharges or commutes a claim or demand of 
the State, the question shall be taken by yeas and nays, which shall be 
duly entered on the journal ; and three-fifths of all the members elected 
to such house, shall in all such cases be required to constitute a quorum 
therein. 

Section 9. No scrip, certificate or other evidence of State debt what- 
soever, shall be issued, except for such debts as are authorized by the 
sixth and seventh sections of this article. 



CONSTITUTION 3 13 

Section 10. The State shall never contract any debt for works of 
internal improvement, or be a party in carrying on such work? ; but 
whenever grants of land or other property shall have been made to the 
State, especially dedicated by the grant to particular works of internal 
improvement, the State may carry on such particular works, and shall 
devote thereto the avails of such grants, and may pledge or appropriate 
the revenues derived from such works in aid of their completion. 

ARTICLE IX 

EMINENT DOMAIN AND PROPERTY OF THE STATE 

Section 1. The State shall have concurrent jurisdiction on all rivers 
and lakes bordering on this state, so far as Bttcb rivers or lakes shall 
form a common boundary to the state, and any other state or Territory 
now or hereafter to be formed an 1 hounded by the same. And the 
river Mississippi and the navigable waters leading Into tb i Mississippi 
and St. Lawrence, and the carrying places between the same, shall be 
common highways, and forever free, as well to the inhabitants of the 
State as to the citizens of the United States, without any tax. Impost, 
or duty therefor. 

Suction 2 The title of all lands and other property, which have 
accrued to the Territory of Wisconsin, by grant, gift, purchase, forfei- 
ture, escheat or otherwise, shall vest In the state of Wisconsin. 

Section 8. The people of the State, in their right of sovereignty, are 
declared to possess the ultimate property In an 1 to all lands within the 
jurisdiction of the State ; and all lands, the title to which shall fail from 
a defect of heirs, shall revert or escheat to the people. 

ARTICLE X 



Section 1. The supervision of public instruction shall he vested in a 
State Superintendent, and such other officers as the Legislature shall 
direct. The State Superintendent shall he chosen by the qualified 
electors of the State, in such manner as the Legislature shall provide : 
his powers, duties an 1 Compensation shall he prescribed by law. Pro- 
vided, That his compensation shall not exceed the sum of twelve 
hundred dollars annually.* 

Section 2. The proceeds of all lands thai have been or hereafter 
may ba granted by the United States to this State, for educational pur- 
poses (except the lands heretofore granted for the purposes of a Uni- 
versity), and all moneys, and the clear proceeds of all property, that 
may accrue to the State by forfeiture or escheat, and all moneys which 
may be paid as an equivalent for exemption from military duty, and 
the clear proceeds of all fines collected in the several counties for any 
breach of the penal laws, and all moneys arising from any grant to 
the State where the purposes of such grant are not specified, and the 
five hundred thousand acres of land to which the State is entitled by 

* An amendment striking out the last provision ,?^°s before the people 
at the general election of 189(5. The Legislature of 1895 has fixed the 
salary at $3,000, conditioned upon the passage of the amendment. 



314 WISCONSIN 

the provisions of an act of Congress, entitled " an act to appropriate the 
proceeds of the sale of public lands, and to grant pre-emption rights," 
approved the fourth day of September, one thousand eight hundred 
and forty-one, an. 1 also the five per centum of the net proceeds of the 
public lands to which the State shall become entitle! on her admission 
into the Union (if Congress shall consent to such appropriation of the 
two grants last mentioned), shall be set apart as a separate fund to be 
called the school fund, the interest of which, and all other revenues 
derived from the school lands, shall be exclusively applied to the follow- 
ing objects, to wit : 

1. To the support and maintenance of common schools in each school 
district, and the purchase of suitable libraries and apparatus therefor. 

2. The residue shall be appropriated to the support and maintenance 
of academies and normal schools, and suitable libraries and apparatus 
therefor. 

Section 3. The Legislature shall provide by law for the establish- 
ment of district schools, which shall be as nearly uniform as practicable, 
and such schools shall be free and without charge for tuition to all 
children between the ages of four and twenty years, and no sectarian 
instruction shall be allowed therein. 

Section 4. Each town and city shall be required to raise, by tax, 
annually, for the support of common schools therein, a sum not less 
than one-half the amount received by such town or city respectively 
for school purposes, from the income of the school fund. 

Section 5. Provision shall be made by law for the distribution of the 
income of the school fund among the several towns and cities of the 
State, for the support of common schools therein, in some just propor- 
tion to the number of children and youth resident therein, between the 
ages of four and twenty years, and no appropriation shall be made 
from the school fund to any city or town for the year in which said city 
or town shall fail to raise such tax, nor to any school district for the 
year in which a school shall not be maintained at least three months. 

Section 6. Provision shall be made by law for the establishment of 
a State University, at or near the seat of State Government, and for 
connecting with the same from time to time, such colleges in different 
parts of the State, as the interests of education may require. The pro- 
ceeds of all lands that have been or may hereafter be granted by the 
United States to the State for the support cf a University, shall be and 
remain a perpetual fund to be called the " University Fund," the inter- 
est of which shall be appropriated to the support of the State Univer- 
sity, and no sectarian instruction shall be allowed in such University. 

Section 7. The Secretary of State, Treasurer and Attorney General 
shall constitute a Board of Commissioners for the sale of the School and 
University Lands and for the investment of the funds arising there- 
from. Any two of said Commissioners shall be a quorum for the tran- 
saction of all business pertaining to the duties of their office. 

Section 8. Provisions shall be made by law for the sale of all School 
and University Lands, after they shall have been appraised, and when 
any portion of such lands shall be sold, and the purchase money shall 
not be paid at the time of the sale, the Commissioners shall take secur- 
ity by mortgage upon the land sold for the sum remaining unpaid, with 



CONSTITUTION 315 

seven per cent, interest thereon, payable annually at the office of the 
Treasurer. The Commissioners shall be authorized to execute a good 
and sufficient conveyance to all purcha98ra of such lands, and to dis- 
charge any mortgages taken as security, when the Bum due thereon 
shall have been paid. The Com m issioners shall have power to with- 
hold from sale any portion of such lands when they ahall deem it ex- 
pedient, and shall invest all m meys arising from the sale of sucb lank, 
as well as all other University and School funds, in such manner as the 
Legislature shall provide, and shall give such security for the faithful 
performance of their duties as may be required by law. 

ARTICLE XI 

CORPORATIONS 

Section 1. Corporations without hanking powers or privileges may 
be formed under general laws, but shall not be creat ed by special act, 
except for municipal purposes, and In cases where, in the judgment of 

the Legislature, the objects of the corporation cannot be attained 
Under general laws. All general laws or special acts enacted under the 
provisions of this section may be altered or repealed by the Legislature 
at any time after their passage 

Section 2. No municipal corporation shall take private property for 
public use against the consent of the owner, without the n-' 
thereof being first established by the verdict of a jury. 

Section S. (As amen lei Nov. 8, 1874.) It shall he the duty of the 
Legislature, and they are hereby empowered to provide for the organ- 
ization of cities and incorporate 1 villages, and to restrict their power 
of taxation, assessment, borrowing money, contracting debts, and loan- 
ing their credit, so as to prevent abuses in assessments and taxation. 
and in contracting debts by such municip il corporations. No county, 
city, town, village, school district, or other municipal corporation, 
shall be allowed to become indebte 1 in any manner or for any purpose. 
to any amount. Including existing Indebtedness, In the aggregate ex- 
ceeding Ave per centum on the value of the taxable property therein, 
to be ascertained by the last assessment for state and county taxes, 
previous to the incurring of such Indebtedness. Any county, city. 
town, village, school district, or other municipal corporation, incurring 
any indebtedness as aforesaid, shall before or at the time of doing so, 
provide for the collection of a direct annual tax sufficient to pay the 
interest on said debt as it falls due, and also to pay and discharge the 
principal thereof within twenty years from the time of contracting the 
same. 

Section 4. The Legislature shall not have power to create, authorize, 
or incorporate, by any general or special law, any bank or banking 
power or privilege, or any institution or corporation, having any bank- 
ing power or privilege whatever, except as provided in this article. 

Section 5. The Legislature may submit to the voters at any general 
election, the question of "bank or no bank." and if at any such elec- 
tion a number of votes equal to a majority of all the votes cast at such 
election on that subject shall be in favor of banks, then the Legisla- 
ture shall have power to grant bank charters, or to pass a general 



816 WISCONSIN 

banking law, with such restrictions, and under such regulations as they 
may deem expedient and proper for the security of the bill holders. 
Provided, That no such grant or law shall have any force or effect until 
the same shall have been submitted to a vote of the electors of the 
State at some general election, and been approved by a majority of the 
votes cast on that subject at such election. 

ARTICLE XII 

AMENDMENTS 

Section 1. Any amendment or amendments to this Constitution may 
be proposed in either House of the Legislature and if the same shall be 
agreed to by a majority of the members elected to each of the two 
Houses, such proposed amendment or amendments shall be entered on 
their journals with the yeas and nays taken thereon, and referred to 
the Legislature to be chosen at the next general election, and shall be 
published for three months previous to the time of holding such elec- 
tion. And if in the Legislature so next chosen, such proposed amend- 
ment or amendments shall be agreed to by a majority of all the members 
elected to each House, then it shall be the duty of the Legislature to 
submit such proposed amendment or amendments to the people, in 
such manner and at such time as the Legislature shall prescribe, and 
if the people shall approve and ratify such amendment or amendments 
by a majority of the electors voting thereon, such amendment or amend- 
ments shall become part of the Constitution. Provided, that if more 
than one amendment be submitted, they shall be submitted in such 
manner that the people may vote for or against such amendments 
separately. 

Section 2. If at any time a majority of the Senate and Assembly 
shall deem it necessary to call a convention to revise or change this 
Constitution, they shall recommend to the electors to vote for or 
against a convention at the next election for members of the Legisla- 
ture ; and if it shall appear that a majority of the electors voting there- 
on have voted for a convention, the Legislature shall at its next session, 
provide for calling such convention. 

ARTICLE XIII 

miscellaneous provisions 

Section 1. (As amended Nov. 7, 1882.) The political year for the 
State of Wisconsin shall commence on the first Monday in January in 
each year, and the general elections shall be holden on the Tuesday 
next succeeding the first Monday in November. The first general elec- 
tion for all state and county officers, except judicial officers, after the 
adoption of this amendment, shall be holden in the year A. D. 1884, and 
thereafter the general election shall be held biennially. All state, 
county or other officers elected at the general election in the year 1881, 
and whose term of office would otherwise expire on the first Monday of 
January in the year 1884, shall hold and continue in such office respect- 
ively, until the first Monday in January in the year 1885. 



('OSSTITUTIOS 317 

131 I Section 2. Any inhabitant of tin's State who may hereafter be en- 
gaged, either directly or Indirectly, in a duel, either as principal or 
accessory, shall forever be disqualine i as an elector, and from holding 
any office under the Constitution and laws of this Stat*-, and maybe 
punished in such other manner as shall be prescribed by law. 

Section 3. No Member of Congress, nor any pers m holding any office 
of profit or trust under the United States (postmasters excepted), or 
under any foreign power: do person convicted of any infamous crime 
in any court, within the United States, and do person being a defaulter 
to the United States, or to this State, or to any county or town therein, 
or to any State or Territory within the United States, shall be eligible 
to any office Of trust, profit or honor in this Si | 

Skction 4. it shall be the duty of the Legislature to provide ■ 
seal for the State, whieh shall be kepi by the Secretary of state ; and 
all official acts of the Governor, his approbation of the la 
shall be thereby authenticated. 

Section 5. All persons residing Upon Indian lands within any county 
of the State, and qualified to exercise the right of suffrage under this 
Constitution, shall be entitled to vote at the polls which maybe held 
nearest their residence for State. United States or County officers. 
Provided, that no person shall vote for county officers out of the COUnty 
in which he resides. 

Section 0. The elective officers of the Legislature, other than the 
presiding officers, shall be a Chief Clerk and a Serjeant-at-arms, to be 
elected by each house. 

Section 7. No county with an area of nine hundred square miles or 
less, shall be divided or have any part stricken therefrom, without sul 
mltting the question to a vote of the people of the county. DOr unless a 
majority of all the legal voters of the county voting on the question 
shall vote for the same. 

Section 8. No county seat shall be removed until the point to which 
it is proposed to be removed, shall be fixed by law. and a majority >>f 
the voters of the county voting on the question, shall have voted in 
favor of its removal to such point. 

Skction «.». All county officers whose election 0T appointment Lsnoi 

provided for by this Constitution, shall be elected by the electors of the 
respective counties, or appointed by the boards of supervisors, or other 
county authorities as the Legislature shall direct. AH city, town and 
village officers, whose election or appointment is not provided for by 
this Constitution, shall be elected by the electors of such cities, towns 
and villages, or of some division thereof, or appointed by such author- 
ities thereof as the Legislature shall designate for that purpose. All 
other officers whose election or appointment is not provided for by this 
Constitution, and all officers whose offices may hereafter be created by 
law. shall be elected by the people, or appointed as the Legislature may 
direct. 

Section 10. The Legislature may declare the cases in which any 
office shall be deemed vacant, and also the manner of fllliiitr the vacancy 
where no provision is made for that purpose in this Constitution. 



318 WISCONSIN 



140 



ARTICLE XVI 

SCHEDULE 

[This article provides for the change from the territorial form of 
government to the state form. It makes the first apportionment into 
senate and assembly districts. It declares such parts of the common 
law, then in force in the Territory of Wisconsin, not inconsistent with 
the Constitution, to be still in force in the State of Wisconsin.] 



ERE AMBLE AND DECLAIZATIOX OE BIGHTS 319 



Chapter IV. — Preamble and Declaration of 

Rights 

The figure* in parenfJteses refer t<> the numbers of the para- 
graph* of tin; constitution. Tin- letters V. 0. B. refer 
to Younfs Government Class Book. 

1. Preamble — The preamble is adapted from the pre- 
amble of the United States constitution. It provides 
for a better government than the territorial form, which 
the constitution superseded. It declares that the con- 
stitution is made by the people of the State. It re- 
cognizes Almighty God and devoutly expresses gratitude 
to Him (1). There is no recognition of God in the 
United States constitution. 

2. Inherent Rights ; Object of Governments ; Sonrce of 
Powers — The first article of the constitution is a de- 
claration of rights. It opens with a quotation, slightly 
altered from the Declaration of Independence {-). We 
have heard it so often, it has lost most of its meaning 
to us. Still, the declaration, that all governments de- 
rive their just powers from the consent of the governed, 
and that governments are instituted among men tosecure 
their inherent rights are lofty ideals of the source and 
ends of government, well worth pondering deeply. 

2. Slavery Forbidden — The second section is taken from 
the Ordinance of 1787, and is one of its noblest pro- 
visions. By it slavery was prohibited long before the 
thirteenth amendment to the United States constitution 
prohibited it throughout the United States (Y. C. B., 
p. 125). It is a historical fact that slave labor was em- 



320 WISCONSIN 

ployed in Wisconsin, in lead mining, and in domestic 
service, but it was in the early days of the territory, or 
rather, when Wisconsin was a part of the territory of 
Michigan. The public sentiment of the State was always 
opposed to slavery. 

4. Why State Constitution Repeats United States Con- 
stitution — The young student is often puzzled at find- 
ing so many of the provisions of the United States con- 
stitution repeated substantially, and even word for 
word, in the constitution of his State. The twenty 
personal rights enumerated in this article are the great 
historic rights of Englishmen and their descendants in 
America. Many of them are as old as Magna Charta. 
Freedom of speech (4), freedom of the press (4), free- 
dom in religion (19), the rights of assembly (5), the 
right of petition (5), the right of trial b}^ jury (6), the 
right of habeas corpus (9), security of homes, persons, 
and papers, against unreasonable searches and seizures 
(12), immunity from cruel and unusual punishments, 
or excessive bail (7), the subordination of the military 
power to the civil power (21), — all these are carefully 
enumerated and specially guarded in both constitutions. 
Why in both ? Are they not all made secure to the 
people of the United States by the federal constitution ? 
Yes, and no. They are made secure against interference 
by the United /States government. The Supreme Court 
of the United States has always held, that, in the first 
ten amendments, and elsewhere in the constitution 
where these rights are enumerated, the purpose of the 
people of the United States was simply to prohibit 
congress from meddling with these rights. The people 
say to the United States government " Hands off." But 
these amendments have no force whatever as against 



PREAMBLE AND DECLARATION OF RIGHTS 321 

the State governments (Y. C. B., p. 194). Indeed, it is 
quite possible for the legislatures of the separate States 
to pass very unjust and oppressive laws in regard to 
these rights, unless restrained by their State constitu- 
tions. Citizens of the United States, residing in States 
where sucli oppressive laws might happen to be in 
operation, would have no redress in the United States 
Courts. The people have thought it wise not to give the 
United States government any jurisdiction whatever, in 
these matters, and so, tin; people of Wisconsin enumer- 
ate and guard these rights in their constitution, against 
State interference. By both constitutions together, these 
rights are retained by the people and made secure. 

5. Field of State Authority : Field of United States 
Authority — The United States government has juris- 
diction in United States matters. The State govern- 
ment has jurisdiction in State matters. The State 
government is not a branch of the United States govern- 
ment in the sense in which the comity, city, and town 
governments are branches of the State government. 
Each of the two governments is supreme in its own 
proper sphere. It is true that the United States Con- 
stitution, laws, and treaties, are the supreme law of the 
land. There must be nothing in the State constitution 
or laws in conflict with the United States Constitution or 
laws. If there should be, it must give way. We are a 
nation. The States no longer retain their %> sovereignty, 
freedom and independence, and every power, jurisdic- 
tion and right, which is not by this confederation ex- 
pressly delegated to the United States in congress 
assembled," as they did under the articles of confedera- 
tion. Expressly, and by implication as well, large 
powers have been surrendered to the United States 
government. 



32*2 WISCONSIN 

6. State Powers — On the other hand the powers not 
so surrendered are still more numerous and important. 
Many of them touch our daily lives very closely, — our 
family, social, and business interests. These are the 
powers exercised by the State governments, or held in 
reserve by the people. 

7. Vastness of State Powers — The vastness of the 
powers left to the separate States is not always real- 
ized by the ordinary citizen. Woodrow Wilson, in 
order to show how great these powers are, uses a very 
striking illustration. He says that the constitutional 
history of England for eighty years has been connected 
with the settlement of twelve great questions, which he 
enumerates. These questions have been settled by the 
British parliament. Had they arisen in this country 
before the Avar, only one of them, — the repeal of the corn 
laws, — could have been considered by congress. Had 
they arisen since the war, one other question, — the 
abolition of slavery, — could have been so considered. 
All the other ten questions would have been settled 
by the separate State governments, each in its own 
way. 

8. Importance of Understanding Relations of State and 
General Governments — If the student will get a clear 
conception of the mutual relations and interplay of the 
State governments and the United States government, 
he will understand our system better, and will learn to 
admire and love it more. This in turn should make 
him public-spirited, and patriotic, — willing to sacrifice 
his time and his means, if necessary, for the correction 
of abuses that have arisen in it, for the maintenance of 
its efficiency, and for the enlarging and perfecting of it, 
to meet the needs of our rapidly expanding civilization. 
" Forward " is our State motto. Wisconsin will be true 



PREAMBLE AND DECLARATION OF RIGHTS 323 

to her motto, only bo far as her children are intelligent 
and patriotic. 

9. Rights Already Considered— Most of the rights 
enumerated in this article have been already treated 
adequately (Y. C. B., pp. 193-198). Others require fur- 
ther attention. 

10. Due Process of Law — In Wisconsin no person can 
be held to answer for a criminal offense without due 
process of law (0). For capital and otherwise infamous 
crimes against the United Stales, no person can lie held 
to answer, unless on presentment or indictment of a 
grand jury (Y. C. B., p. 121). Grand juries are very sel- 
dom called in Wisconsin. Due process of law is usually 
a preliminary examination before a justice of the peace 
followed by an information made to the trial court by 
the district attorney. The United States have one 
" Process of Law," Wisconsin has a different process. 
By section 1 of the fourteenth amendment (V. C. !>., 
p. 125), the United States are given authority to see 
that no State shall deprive any person of life, liberty, or 
property, without due process of law. This does not 
mean due process of United States law but due process 
of State law. That is, the United States may insist 
that the criminal shall be tried as other criminals are 
tried for the same offense in the State courts. 

11. All Lands Allodial — All lands in Wisconsin are 
allodial (15). This means that the owner of a piece of 
land has absolute dominion over it. He may convey 
it — that is, sell it — on such terms and conditions as he 
chooses. A feudal tenure, at first, was the right to 
hold land, in consideration of military services rendered 
or pledged, to the proprietor. Later it came to mean 
any perpetual service, or rent. Restraints upon aliena- 
tion are usually called entails. In some countries, all 



3:24 WISCONSIN 

the real estate of a family descends by inheritance to 
the eldest son. It cannot be sold by the owner. It 
cannot be seized and sold for debt. It must remain in 
the line of eldest sons, by what is called primogeniture. 
Feudal tenures, entails, and primogeniture are the 
foundations of the English aristocracy. 

12. Farming Lands — Farming lands cannot be rented 
for a longer term than fifteen years ; otherwise the 
provisions of this section might be frustrated. 

13. Object of Section 15— The object of this section is to 
prevent the growth of a landed aristocracy, and to pro- 
mote the ownership of the soil by those who till it. 
The United States homestead and pre-emption laws 
were framed with the same end in view. The policy is 
profoundly wise. The greater the number of persons 
owning the soil they till, the smaller the number of 
anarchists and other enemies of the social system, and, 
in every way, the more stable the State. 

14. Exemption Laws — The exemption laws are ex- 
tremely liberal (18). While it is just and reasonable 
that the property of the debtor should be seized and 
sold to pay his debts, it is not good public policy to 
strip the debtor of the necessary comforts of life, and 
deprive him of the means of earning a living. His 
homestead cannot be taken from him — forty acres of 
land in the country, with all the buildings upon it, or 
a quarter of an acre in the city. Other exemptions are 
family wearing apparel, household furniture, libraries, 
the mechanic's tools, and his stock in trade, not exceed- 
ing two hundred dollars in value, two cows, ten swine, 
one yoke of oxen, and one horse, or mule, or, in lieu of 
the oxen and the horse, or the oxen and the mule, two 
horses or two mules, ten sheep and their wool, a year's 



BOUNDARIES 325 

provisions and fuel, and many other things, literally too 
numerous to mention. 

Chapter V. — Boundaries 

1. Fixed by the Constitution — The student should trace 
out carefully on a good map of the State, the boundaries 
as fixed in the Constitution (24). 

2. Proposition to Change — During the session of 1895 
the legislature of Minnesota passed a joint-resolution 
requesting the legislature of Wisconsin to appoint com- 
missioners, to meet a board of commissioners from Min- 
nesota, for the purpose of considering the request of 
the legislature of Minnesota that an area of about 
twenty-nine townships in the extreme northwest part 
of the state be set over into Minnesota. The purpose 
of the movement is to place the two cities of Duluth 
and Superior under one government. The Wisconsin 
commissioners have been appointed, as state comity, 
seemed to require. They are instructed to report to 
the next legislature. 

3. Changes: How Made — In order to effect the change, 
or any similar change, the mere request of the legisla- 
ture of Minnesota is not sufficient. The legislature of 
Wisconsin must consent to the change, and it must then 
be approved by Congress. We may safely say that no 
such change will ever meet such consent and approval. 

4. Land Titles : U. S. Lands not Taxed : Uniform Taxa- 
tion : School Lands— Section 2 provides that the State 
shall never interfere with titles to land derived from 
the United States ; that no United States' lands in the 
state shall be taxed ; that the rate of taxation shall be 
the same for non-residents as for residents. It also 
claims for the State the five hundred thousand acres 



326 WISCONSIN 

of land granted by the United States, for educational 
purposes (25). 

Chapter VI. — Suffrage 

1. Qualifications of Voters the Same at All Elections — The 
provisions in regard to suffrage are extremely liberal 
(26). The qualifications of voters at elections for presi- 
dential electors, members of the House of Representa- 
tives and for State and county officers, held regularly 
on the first Tuesday after the first Monday in November 
in the even-numbered years ; for judges of the Supreme, 
Circuit, and County Courts, and for all town officers, 
held on the first Tuesday in April, annually ; and for 
school district officers held on the first Monday in July, 
annually, must all have exactly the same qualifications. 
The person entitled to vote at any one of these elections 
is entitled to vote at every one of them. The only ex- 
ception is, that women have the right to vote at school- 
meetings. 

2. Who may Vote — Every voter must have all of these 
four qualifications : — (a) Male sex ; (b) twenty-one 
years of age, at least ; (c) one year's residence in the 
State ; (d) ten days' residence in the election district. 
Having these qualifications he must belong to some one 
of the following classes : — (e) Citizens of the United 
States ; (f) persons of foreign birth who have declared 
their intention of becoming citizens of the United 
States in conformity to the national naturalization 
laws ; (g) persons of Indian blood once declared 
citizens by congress, notwithstanding any subsequent 
contrary law of congress ; (h) civilized Indians not 
belonging to any tribe. 

3. Natives and Foreigners on Same Footing — It will be 



SUFFRAGE 327 

seen that a descendant of one of the original Mayflower 
pilgrims, coming from Massachusetts, and an emigrant 
from farthest Russia, are placed upon exactly the same 
footing. The one must reside in the State a year before 
lie is allowed to vote. So must the other. During the 
year the Russian must declare his intention. 

4. Chinamen — The Chinaman is excluded. His race 
cuts him off from the privileges of class 3 and class 4 
(26). The naturalization laws are not open to him. 
He cannot enter class 2 or clas- 1 | 26). The State has 
made no special provision for him. 

5. In other States — In Illinois, Iowa, Kentucky, Cali- 
fornia, Nevada, Montana. Texas, Maine. Vermont, 
South Carolina, and some other States, none but United 
States citizens are allowed to vote. That was the rule, 
too, in the Territory of Wisconsin. At first thought, 
it seems like a wise policy for all the States. The 
foreigner, under that policy, is not able to vote until he 
has lived at least five years in the United States, and lias 
had a chance to become familiar with our institutions. 

6. Wisconsin's Way Best — On the other hand, there 
are many places, — wards in cities and towns in tlie 
country, — where the population is almost exclusively of 
foreign birth. In these places local government must 
be maintained by the people. They are not at first, 
qualified for self-government, perhaps. But they will 
never become qualified through having the right of suf- 
frage denied them. Macau lay has told us that no 
people ever became worthy of liberty except through 
the enjoyment of liberty. Wisconsin with an unusually 
large foreign population, has, from the beginning, 
frankly entrusted foreigners with the right to vote. 
The results have vindicated the wisdom of her policy. 

7- Other Privileges of Foreigners — Not only are persons 



328 WISCONSIN 

who have declared their intention, allowed to vote, but 
the Supreme Court of the State has declared them to be 
citizens of the State (See Wis. Reports, in re Wehlitz) 
They are eligible to all town, county, and State offices 
except governor and lieutenant-governor, and judge of 
the Supreme Court or of the Circuit Courts. They are 
exempt from the duty of serving on the grand or the 
petit juiy, both under United States laws and the laws 
of the State. Enjoying as they do substantially, all the 
privileges of citizens of the State and of the United 
States, and being relieved of some of their most irksome 
duties, it has happened that the number of voters not 
citizens of the United States, is very large. 

8. Registration — Wisconsin is one of the States in 
which voters must be registered in order to be allowed to 
vote (Y. C. B., p. 30). The registration laws, however, 
apply only to cities having a population of over three 
thousand, to incorporated villages, of over fifteen hun- 
dred inhabitants, in which by law separate elections are 
held, to towns containing villages of fifteen hundred in- 
habitants, provided the villages do not hold separate 
elections, and all towns, any part of which shall have 
been embraced in any part of any city or village in 
which registration is required. 

9. Incapables, Insane Persons, Traitors, Felons — The suf- 
frage is denied to all persons under guardianship, non 
compos mentis, or insane, and to all traitors and felons 
(27). An adult may be placed under guardianship on 
account of incapacity to take care of himself arising from 
habitual drunkenness or any other cause. The denial of 
the suffrage to all these classes is simple common-sense. 
Those incapable of managing themselves are manifestly 
incapable of helping to manage the State, and enemies of 
the social order should not help to direct its affairs, 



SUFFRAGE 329 

10. Bribers, Duelists, Betters— The suffrage is denied, 
also, to all persons convicted of bribery (31), and to all 
persons engaged in dueling either as principals or acces- 
sories (131). All persons interested directly or in- 
directly, in any election bet, are deprived of the right to 
vote at that election (31). 

11. Paupers— Paupers, as such, are not excluded from 
the right of suffrage. 

12. Ballots — All voting must be by ballot with such 
exceptions, in the case of town officers, as the law may 
direct or allow (28). 

13. Description of Ballots— All ballots are provided at 
public expense. They contain the names of all the can- 
didates of all the parties. The names of the offic< 
which the candidates are running are plainly indicated, 
and the names of candidates of the several parties are 
arranged in separate columns, each set under its proper 
party name. Just under the party name, there is a little 
square, and to the right of each separate name there is 
a similar square. 

14. Manner of Voting— A t the voting place, the ballots 
are kept in an enclosure, behind a railing, by two 
officers appointed for that purpose, called ballot clerks. 
The voter enters the enclosure through a gate and re- 
ceives a ballot from one of these clerks. He then pro- 
ceeds to a stall, or booth— one of a number of such, all 
quite screened from one another. In the booth he finds 
a pencil and simple printed instructions how to prepare 
his ballot. If he wishes to vote a straight party ticket 
— the Republican, for example, he makes a cross (x) in 
the little square at the head of the column headed 
" Republican." By that one cross (x) he votes for every 
candidate in the column. If lie wishes to vote for can- 
didates of different parties he makes a cross (x) at the 



330 WISCONSIN 

right of the name of every candidate for whom he 
wishes to vote. If he does not wish to vote for any of 
the candidates named in the ballot, lie may write such 
names as he pleases in blank lines left for that purpose, 
and place a cross (x) opposite each name. In this way he 
may vote for a full set of candidates of his own choos- 
ing. Having prepared his ballot, he hands it to one of 
the inspectors of election, giving his name. If he is reg- 
istered, the inspector drops the ballot into the box, the 
clerks check off his name on the list and register him in 
another list, as having voted. He then passes out of 
the enclosure by another opening and withdraws. 

15. Sample Ballot — Appended is a fac-simile of the of- 
ficial ballot of the second ward of the city of Whitewater 
used in the general election held November 8, 1892. 
It has been modified in size to fit this book. 

Chapter VII. — Legislative. 

1. Two-chambered— Like all the other States, and the 
United States, Wisconsin has a two-chambered legis- 
lature (32).* 

2. Number of Members — The number of senators is 
thirty-three, of assemblymen, one hundred — the larg- 
est numbers possible under the constitution (33). 

3. State and U. S. Censuses — In every year ending in 

* One of the main questions of English politics, at present (July, 
1895) is the abolition of the House of Lords. In the United States 
there has been considerable discussion of the question of abolishing 
the senate. There was only one chamber under the articles of Con- 
federation. The Confederate Slates of America had but one. In the 
building of the new States it is quite probable, that two-chambered 
legislatures have been retained more in a spirit of conservatism than 
as the result of any original study of sound principles of government. 
Still, there are very many weighty arguments in favor of the 
two chambers. 



I I I 

I I ! 



: fe 


y 

o 


4 


- 


z 

OS 

• M 




H 

y 


a 

4J 


< 


Ph 


z 


= 


■ >-> 


> 


X 


•J 




w 


a 


_• 




















H 


-> 




X 


< 


i-S 


jS 



1 




— 


1 




hJ 








3 


• w 








c 


1 






y 


£ 


p 

: ?i 




5 
P 


£ 

H 


• a 


tf 


4 


y 


: w 

: « 


-. 


£ 


p 


: fe 


U 


<j 


p 


: w 


t- 




- 


- 



fe 




33 


tf 


• o 


oi 


y 


a 


: H 


g 


w 


E-i 


: a 


r~. 


>* 


E -1 


: O 
• p 


w 




Ph 


: O 


E 


'S. 


H 


: OS 


«j 


, • 


< 


: M 


JEJ 


£ 


Pi 


: ^ 


-i 


g 


< 

T. 



\ 





fc 




w : 


■ ss 

P3 

- 




• p 


P3 • 


: -- 


3 


: J 


H 


BO 


co : 


: « 


H • 


: a 


a 


: •< 


<j 


- "-5 


- 



DC . £ 

s = 



f- z 



I 3 

r o 
a 



x - - 



< c -z " 



SPECIMEN BALLOT 



m entire nartv tieket, make a rross mark in tin- CJ s.jimrr nndn- party drsi^mitiou at the head . 
1 desire to voir fur . 1 1 m i i < J ; 1 1 < .s <>ti dill'm-nt lirkrrs. crasr Mir name of the randklate you do 11h 
and n.akr a ( ) at Mir vi-ht <■]' tin- nainr «,f tin- eaudidat.- yoii drMiv h. v.-tr ha, or write his nan 





Democratic Ticket. 

u 


People's Ticket. 

u 


Prohibition Ticket. 

u 


Republican Ticket 

□ 


NATIONAL - 


0. CLEVELAND 


— 


I. B. WEAVER 


_. 


JOHN BIDWELL 


- 


BEN. HARRISON 


— 
- 

z 
z 




— 




Vice-President 


A. E. STEVENSON.... 


JAMES G. FIELD.... 


J. B. CRANFILL 


WHITELAW REID... 




GUS. WOLLAEGER.. 


PETER HAAN 


SOFAS O.MILLER... 


- 

_ 

z 


JOHN PRITZLAFF... 






NATHAN E. MOODY. 


W C JONES 


OLE LARSON 








ANDREW JENSON. 


z 




ti. C. CHAFFEE 


JOHN C. PLUMB 


FRED. W. COON 




MICHAEL JOHNSON 


NELSON E. ALLEN.. 


OLIVER H. CROWL. 










JOHN M. SMITH.... 


SAMUEL SMITH 


J. H. PENBERTHY.. 




SAM. W. REESE 




IOHNBIACK 


A. B. SEVERANCE.. 


= 

_ 


WILLIAM DRAKE... 


C S OTJEN 


Etevtol- "1' I'n'Sidrnl 
:|ll 1 \ i. ■■ I'lV-i'lrtH . ■!' 

the United States. 


- 




HENRY B. SCHWIN 


WM. SCHWARTZ... 


J. N. CRAWFORD... 


JOHN F. BRUSS 




FERD. T. YAHR 


G. W. JACKSON 


J. S. THOMPSON 


R. L. D. POTTER 






J AMES J. HOG AN... 


WM. CAMPBELI 


W W I INK 


TOSTEN I. GILBERT. 








JOHN WATTAWA 


J. W. GODFREY 


N. H. BROKAW 


W. H. HATTON 




LEWIS S. BAILEY. . 


ERNEST PAGEI 


J. 0. LINDHAM 


E. H. WINCHESTER. 




WH. F. C1RKEI 

GEORGE W. PECK. 




T. K. TIIORVILDSEN. 
T C RICHMOND 


_ 

= 


JEROME F. COE 

JOHN C. SPOONER.. 


STATE- 

Governor 


CYRUS 31. BUTT... 


Lieut. Governor 


CHARLES JONAS . . 


M. PATTISON 


ODLBERT SHEPARD. 


IOHN r KOCH.. . 






— 
— 

_ 




_ 

_ 

z 

— 




-- 

z 

z 

- 




-- 

— 

- 

= 

z 


Secretary of State... 


T.J. CUNNINGHAM 


'a. BROUGHTON.... 


E. FRED RUSSEL... 


R. W.JACKSON 


State Treasurer 


JOHNHL'NNER 


'a. manhemer 


J. C MARTIN... 




ATLEY PETERSON.. 


Attorney General 


.1 I. M-l-iiNXiiH.. 


M. VI. STEVENS.... 




F. A. WATKJNS 


JAMES O'NEILL 


State Superiutriiilrni . 


OLIVER E. WELLS. 


SARAH POTTER.... 


L. W. UNDERWOOD 


W. II CHANDLER.. 




THOS. THOMPSON . 


'CHARLES HATCH.. 


JOHN E. CLAYTON. 


JOHN D. BULLOCK.. 


c ' , z;: issi ?"°''. of '" su '' 


WILBKR M. ROOT.. 


EUGENE LOW 


OLE A. RITAN 




CONGRESSIONAL- 

M.-niher i>t Ci>ii(.'iv-s- 


CLINTON BABBITT. 


1 


J. C. MURDOCK 


HENRY A. COOPER.. 




1 


LEGISLATURE - 

State SeDator-S4thDis 








T. D. WEEKS 










Mt'inltorof \>^ lilv- 




A. D. WHITMORE.... 


FRANK L. ERASER,. 






- 




COUNTY- 


E.C.HUBBARD 




C. E. BADGER 


DYAlt L. COWDERY 






Treamirer 


E. VONSUESSMILCI 




HURON , HAWKS. 


WM. E. CLOUGH 


g| , ir 


JAMES CLEARY.... 


fimHfmfiHn 








- 




z 




Coroue. 


CHARI ES WALES 




CHARLES H. TREAT 


CHARLES L. LYON. 








Clerk ..r the CUcu 






WILL M. COWLES.. 


ELY B. DEWING .... 


District .11 * 








C B. SUMNER 












: 






-WM. T.TAYLOR 


_ 








1 




i ...... * s... ..\... 


.1 UHES I. It BBS 




IHENRY H. TUBBS. . 










- 


... 




Sup , ,,, -;,., ,„ 
















Lr: 






... 






For the Amendment to s 
IV.. of the Constitute 


llMivi-iiun •). of Section 


>f Article 






31, 




Atpun-t tin- Amendment to Subdivision!!, of Sectioi 
IV.. of the Constitution 


ol Article 







LEGISLATIVE 331 

0, a census is taken by United Slates authority. In 
every year ending in 5 a census is taken by State 
authority. At the first session after ;i census is taken, 
the legislature is required to district the State into 
Senate and Assembly districts (34). There is, there- 
fore, an apportionment every five years. 

4. Directions for Apportioning— Tlie constitution pro- 
vides that these districts shall be made according to 
population (34) ; that the boundaries <>f assembly 
districts shall be county, precinct, town, or ward lines 
(35) ; that no assembly districts shall be divided in 
making senate districts (35); that districts shall be of 
contiguous territory (35). 

5. Unconstitutional Apportionments — 1 1 is doubtful if 
there has ever been a constitutional apportionment in 
the history of the State. Gerrymandering lias been 
done by both the; political parties that have had control of 
the State legislature, and with pretty nearly equal skill. 

6. Decision of Supreme Court — The apportionment made 
by the legislature of 1891 was set aside by the Supreme 
Court as unconstitutional. A second apportionment 
made by the same legislature at a special session, met 
the same fate. The present apportionment was made 
at a second special session. 

7. Effect of These Decisions— These judicial rebukes of 
gerrymandering have given great satisfaction to the 
people of the State. They have also been regarded as 
hopeful signs, in the other States, where gerrymandering 
has been quite as common and unblushing as it ever 
was in Wisconsin. In the future, we may safely hope, 
apportionments will be made with more attention to 
plain constitutional requirements. 

8. Present Legislation— In fact, the legislature of 1895, 



332 WISCONSIN 

provided for the appointment of a joint committee of 
nine members, six assemblymen and three senators, with 
representatives of the minority party of each house in 
the usual proportions. The committee is charged with 
the duty of preparing an apportionment bill in strict 
conformity with constitutional provisions as interpreted 
by the Supreme Court. 

9. Senators and Assemblymen — The senatorial term is 
four years. The senate districts are numbered in regular 
series (36). At the general elections, held on the first 
Tuesday after the first Monday in November, in the 
even numbered years, senators are chosen by single 
districts, alternately from the odd and the even numbered 
districts (36). At the same time assemblymen are 
chosen, by single districts for the term of two years 
(35). 

10. Eligibility — To be eligible to the legislature, a 
person must be a qualified elector of the district he is 
chosen to represent(37). As has been pointed out, this 
admits persons not citizens of the United States. 

11. Powers of Separate Houses: Elections : Ctuorum — The 
provisions as to elections, returns and qualifications of 
members, and as to quorum (38) are taken word for 
word from the United States constitution. The legis- 
lature, however, has never been able to put such un- 
certainty of meaning into the expression " a majority of 
each shall constitute a quorum to do business," as has 
the U. S. House of Representatives. 

12. Officers: Rules : Expulsions— Each house chooses its 
own officers (40) except that the lieutenant-governor 
is president of the senate (71). Each house determines 
the rules of its own proceedings and has the power to 
expel members for contempt or disorderly conduct (39). 



LEGISLATIVE 333 

13. Meetings —Tli e legislature meets in Madison in 

regular session, once every two years. The day of 
meeting is the second Wednesday of January after the 
election (42). 

14. Privileges of Members— The privileges of members 
and the restrictions placed upon them (43, 44. 4<n 47) 
are nearly identical with similar privileges and restric- 
tions of United States senators and representatives ( V. 
C. B. p. 108). 

15. Vacancies — Vacancies are filled by special elections 
called by the governor (45). 

16. Bills — Any bill may originate in either house 
(50}. In Congress, all bills for raising revenue must 
originate in the House of Representatives (Y. C. B., p. 
108). 

17. Salaries — The compensation of members of the 
senate and assembly is live hundred dollars, for each 
regular session, and mileage at the rate of ten cents a 
mile in going to and returning from, the same (52). 
There is no extra compensation for attendance at special 
sessions, except the regular allowance for mileage (52). 

18. Town and County Government — There shall be but 
one system of town and county government (54) and 
the powers of county boards may be prescribed by the 
legislature (53). 

19. County Boards — The county boards at present, are 
made up of the chairmen of the several town boards 
in the county, one member from each incorporated 
village, and one from each ward of each city. The 
boards meet annually on the Tuesday next succeeding 
the second Monday of November. They are very im- 
portant bodies, clothed with large powers, though the 
student should notice that they have no implied powers. 



334 WISCONSIN 

All their powers are conferred upon them by the legis- 
lature. These powers may be increased or diminished, 
at the pleasure of the legislature. 

20. Powers — Among their other powers the county 
board may, — 

a. Settle and examine all the accounts of the county. 

b. Apportion and order the levying of taxes. 
C. Make lists of jurors. 

d. Build, and keep in repair, the county buildings. 

e. Organize, and change the boundaries of towns. 

f. Incorporate literary, benevolent, charitable and 
scientific institutions. 

g. Change the name of any town or village or person 
in the county. 

h. Appropriate a sum of money not exceeding ten 
thousand dollars for a soldiers' monument, 
i. Fix the salaries of county officers. 

21. Suits Against the State — The eleventh amendment 
to the United States constitution, provides that no citizen 
of any State can sue another State in the United States 
Courts ( Y. C. B., p. 123). The State constitution directs 
the legislature to determine by law, in what manner 
and in what court suits may be brought against the 
State (58). All such claims must first be presented to 
the legislature. Should the legislature refuse to allow 
the claim, the suitor may prosecute it in the Supreme 
Court of the State. The State in such suits is defended 
by the attorney-general. 

22. Official Oaths — Members of the legislature, and all 
State, county, and town officers, must make an official 
oath, or affirmation, to support the constitution of the 
United States and the constitution of the State (59). 

23. Wisconsin National Guard — The State militia is now 



LEGISLATIVE 335 

known as the Wisconsin National Guard. It consists of 
four regiments of infantry, one troop of cavalry and one 
battery of light artillery, in all 2,44o men (60). It is 
in a state of great efficiency.* 

24. Private and Local Laws.— Tl,,; legislature used to be 
burdened with a great number of private and local 
measures. In 1875, the constitution was amended so 
as to prohibit the legislature from enacting any such 
laws in nine very important cases (02). In 1892, by 
another amendment, the legislature was still further 
restricted. No special laws can now be passed for in- 
corporating any city or amending its charter (62). The 
people directed the legislature to provide for these 
cases by general laws and the legislature has done so 
(63). ' 

25. Powers Given to County Boards— Many of these 
powers are now exercised by the county hoards, under 
authority conferred upon them by general acts of the 
legislature. 

26. Cities Classified— By a general act the cities of the 
State are divided into four classes. Cities of one hun- 
dred fifty thousand inhabitants, or over, constitute the 
first class. Milwaukee is the only city of the class. 
Cities of forty thousand inhabitants, or over, but 



♦ While this is being written (July ISO.")), United States soldiers — cav- 
alry and artillery — to the number of 200 men are marching from Camp 
Sheridan, near Chicago, to Camp Douglas, In Juneau Co. These United 
States forces are ordered to camp at Camp Douglas during the annual 
encampment of the Wisconsin National Guard, in order to instruct 
the Wisconsin forces in the United States discipline prescribed by 
Congress (Y.C.B., p. 110). Great standing armies are a menace to the 
liberties of the people, but every people should foster enough of the 
war spirit to make them secure from invasion. All members of the 
Wisconsin National Guard are volunteers. 



336 WISCONSIN 

less than one hundred fifty thousand, constitute the 
second class. There are no cities of this class, at pres- 
ent. Cities of ten thousand inhabitants, or over, but 
under forty thousand, constitute the third class. Cities 
of fifteen hundred inhabitants, or over, but under ten 
thousand, constitute the fourth class. 

27. General Charters for Cities — There is a general 
charter, with special provisions for each of the separate 
classes of cities. New cities must organize under the 
general charter with the powers of the class to which 
they belong. Cities under special charters may reor- 
ganize under the general charter, but they are not com- 
pelled to do so. If the law had been made to apply to 
cities already existing, there would have been uniform- 
ity in city government, as there is in town and county 
government. The amendment of 1892 has cut off a 
large amount of special legislation. Since the amend- 
ment, no changes can be made in the charter of any 
city, without involving like changes in the charter of 
every other city of the same class. 

28. Sources of Legislative Power — The student will no- 
tice that while there are prohibitions upon the power of 
the legislature, corresponding to, and in many cases iden- 
tical with the prohibitions upon the United States con- 
gress, there is no enumeration of the powers of the legisla- 
ture, corresponding to the enumeration of the powers of 
congress. The reason is, that congress has no powers 
except those granted by the constitution while the State 
constitution must not be construed as granting power to 
the legislature. It is rather a limitation of the powers 
of the legislature. It is competent for the legislature 
to exercise all legislative power, not forbidden by (a) 
the State constitution, (b) or the United States con- 



COUNTY GOVERNMENT 337 

stitution, or (c) delegated to congress.* In other words, 
congress may do anything it is authorized to do ; the 
State legislature may do anything it is not forbidden to 
do. 

Chapter VIII. — County Government 

1. County Legislature— As we have seen, the county 
board is the legislative arm of the county government. 

2. Sheriff and Coroner— Executive Officers— The execu- 
tive officers are the sheriff and the coroner (77 ). 

3. Administrative officers— The administrative officers 
are the clerk, treasurer, register of deeds, surveyor, dis- 
trict attorney and school superintendent. 

4. Judicial Officers — The judicial officers are the county 
judge, the clerk of the court, and the court com- 
missioners. 

5. When Elected— Terms of Office— All county officers 
are elected at the general elections in November, for the 
term of two years, except the county judge, elected at 
the spring elections in April for four years, and the 
court commissioners, appointed by the circuit judge and 
holding office during the term of the judge appointing 
them. 

6. Duties of Sheriff— The duties of the sheriff previously 
given (Y. C. B., p. 54) apply to Wisconsin. He appoints 
an undersheriff and a number of deputy sheriffs, for 
whose official acts he is responsible. He is ineligible for 
re-election for two years after the close of his term (77). 

7. Duties of Coroner — The office of coroner in Wis- 
consin is peculiar. Inquests are usually held by justices 
of the peace, though in all counties the coroner may 

* Bushnell 1: Beloit, 10 Wis. 195. 

22 



338 WISCONSIN 

hold them, and in counties of over ninety-five thousand 
inhabitants he is required to hold them. He acts as 
sheriff when there is a vacancy in that office, and when 
the sheriff is a litigant. 

8. Duties of County Clerk — The county clerk keeps a 
record of the transactions of the county board. He 
signs all orders on the county treasurer, and keeps a 
list of all orders drawn. He reports on oath, to the 
county board at their annual meeting all moneys re- 
ceived and disbursed by him. He has various other 
duties. 

9. Duties of Treasurer — The treasurer takes charge of 
all the money of the county. 

10. Duties of Register of Deeds — The register of deeds, 
in some States, called the recorder (Y.C.B.,p. 54), keeps a 
record of births, deaths, and marriages in his county. He 
records all deeds, real-estate mortgages, city and village 
plats, certificates of organization of corporations, and 
quite a number of other legal papers. He is obliged to 
furnish certified copies of any of these records to any per- 
sons asking for them and tendering the fee fixed by law. 

11. Duties of Surveyor — The county surveyor makes all 
surveys required of him by any court, or by any individ- 
ual or corporation. He keeps a record of the plats, and 
field notes of all his surveys, and furnishes copies of 
any of the records of his office. His fees are fixed by 
law. 

12. Duties of District Attorney — The duties of the dis- 
trict attorney already explained (Y. C. B., p. 55) apply 
to Wisconsin. 

13. Duties of Superintendent of Schools — The county 
superintendent examines teachers and issues certificates 
to them. He lias general supervision of all of the common 



TOWN GOVERNMENT 339 

schools of the county not under city boards of educa- 
tion. 

14. Duties of County Judge— One principal duty of 
the county judge is the probate of wills. Probate 
courts have been abolished by the legislature (92), and 
their powers conferred upon the county courts. The 
county judge has also many other duties. 

15. Duties of Clerk of the Court— The clerk of the court 
is the clerk of the Circuit Court. He is not an officer of 
the county court, except for the purpose rtifying 
to copies and transcripts of all the records and files of 
the county court, to be used outside of the State. He 
keeps all the records, books, and papers of the circuit 
court. He keeps a record of all the judgments and 
orders of the court. He keeps a court record including 
a list of all the cases tried in the court, with the nan 

of the parties, designated as plaintiffs or defendants, the 
names of the attorneys of the respective parties, a brief 
statement of the nature of the suit, and how it was dis- 
posed of. He keeps a similar record of all criminal pro- 
ceedings. He keeps a list of the names of all persons 
admitted to United States citizenship by the court. 
His fees are determined by law. 

16. Duties of Court Commissioners— Court commissioners 
have all the powers of circuit judges "at chambers,' 1 
that is, when not engaged in holding court. 

Chapter IX. — Town Government 

1. The Town a Pure Democracy — On account of the large 
New England element in the State, the town has re- 
tained many of the features of the New England town- 
ship. It is a very close approach to a pure democracy. 
The people meet in town-meeting every spring, on the 



340 WISCONSIN 

first Tuesday of April, and legislate upon such matters 
as voting taxes for schools, roads, bridges, and the care 
of the poor as they see fit. All the town officers report 
to the people at this meeting and officers are elected 
for the next year. 

2. Town Board.— The town board of supervisors con- 
sists of three members, one of whom is designated chair- 
man, and, as we have seen, serves on the county board* 
The town board enforces the orders of the people at the 
spring election. It has control of all the property of 
the town. It forms and alters school districts and fills 
vacancies in town offices. The members of the board 
are the inspectors of elections, and together with the 
town clerk and the assessor they form the town board 
of review of assessments for taxes. The board has a 
wide range of important duties. 

3. Town Clerk — The town clerk is the secretary of the 
town board. He keeps a record of all the proceedings 
of the board, and an account of all moneys received and 
paid out. He is clerk of all town meetings also. He 
has the custody of all chattel mortgages. 

• 4. Town Treasurer — The town treasurer receives and 
pays out the money of the town. He is also tax collector. 
5. Assessor : Boards of Review — The assessor makes a 
list of all the taxable property of the town, both real and 
personal, and puts a value upon it. At the meetings of 
the board of review, spoken of above, any one aggrieved 
may appear and show cause why the valuation of any 
property should be changed. When the work of the 
board of review is completed the assessment is said to 
be equalized. It may be noted here, that the county 
board constitutes a board of equalization as between the 
different towns of the county, and the secretary of State, 



EXECUTIVE 341 

State treasurer, and attorney-general, constitute a State 
board of equalization as between the different counties 
of the State. 

6. Constables — The constables, of whom there are not 
more than three in eacli town, are the ministerial officers 
of justices of the peace. They may be required by the 
sheriff to attend upon the sessions of the Circuit Court. 
They may serve any legal process within their county 
when so directed by any court. 

7. Justices of the Peace— There are four justices of the 
peace in eacli town. The term of office is two years. 
They are judicial officers with jurisdiction co-extensive 
with the county, in civil cases where the amount in 
controversy does not exceed two hundred dollars, and 
of criminal cases where the punishment does notes 

six months' imprisonment in the county jail or a fine 
of five hundred dollars, or both. They may administer 
oaths, take acknowledgments, solemnize marriages and 
have many other powers. 

Chapter X. — Executive. 

1. Governor and Lieutenant-Governor — The executive 
power is vested in a governor who, together with a lieu- 
tenant-governor, is elected for a term of two years by 
the qualified electors of the State (64). The qualifica- 
tions for both offices are the same as for other non- 
judicial State offices, except that United States citizen- 
ship is added (65). 

2. How Elected — A majority vote is not required for 
these, or any other state offices. The candidate receiv- 
ing more votes than any other, is elected. In case of 
a tie, the legislature, in joint session, chooses by ballot 



342 WISCONSIN 

one of the persons having an equal and the highest num- 
ber of votes (66}. 

3. Powers of Governor — The governor is commander-in- 
chief of the military and naval forces of the State. He 
may call special sessions of the legislature and may 
convene it for certain reasons at other places than Madi- 
son. He sends to every session of the legislature, a 
paper called the governor's message, giving the condi- 
tion of the State and making such recommendations 
as seem to him expedient. He transacts the business 
of the state with all the civil and military officers. He 
expedites all measures resolved upon by the legislature, 
and sees that the laws are faithfully executed (67). 
His compensation is five thousand dollars a j^ear (68). 
He may grant pardons and reprieves except in cases of 
treason and impeachment (69). The manner of mak- 
ing applications for pardons is prescribed by law, and 
the governor is required to communicate annually to 
the legislature each case pardoned with the name of the 
convict, and his reasons for pardoning him (69). It 
must be somewhat difficult for the governor to comply 
with this constitutional requirement since the legis- 
lature meets only once in two years. Like the president, 
he has the veto power, and under almost identical re- 
strictions (Y. C. B., p. 139.) (73). When the office be- 
comes vacant, the lieutenant-governor becomes gover- 
nor (70). 

4. How Bills become Laws — The provisions of the con- 
stitution prescribing how bills may become laws are 
taken from the United States constitution with only 
very slight variations (Y. C. B., p. 139.) (73). 



ADMIN IS TEA TI VE 343 



Chapteb XI. — Administrative 

1. Departments — There arc only three departments in 
the United Status government — legislative, executive 
and judicial. All administrative officers are offic< 

the executive. This is not true in the state govern- 
ment. The president has a cabinet of official advisers 
in the heads of the great departments. The governor 
lias no such cabinet. 

OFFICERS ELECTED BY THE PEOPLE FOB TWO Vi:.\i;s 

2. The Secretary of State, who keeps the records of the 

official acts of the legislative and executive departments, 
acts as Stale auditor, and perforins many other duties 
assigned him by law (75). His yearly compensation 
is 16000. 

3. The Treasurer, who takes care of the moneys of the 
State and lias many other duties (76). Salary 15000. 

4. The Attorney-General, who is the legal advisor of 
the State officers and the lawyer of the State | 76 I. 
Salary, $3000. 

5. The State Superintendent, who has charge of pub- 
lic instruction (115 and note). Salary, $1200. 

6. The Railroad Commissioner, who inquires into any 
neglect or violation of the laws by railroad corporations, 
and examines the condition and equipments of all the 
railroads of the State with relation to public safety. He 
collects statistics as to the actual cost, receipts, expendi- 
tures, and net earnings of railroads, reports the same to 
the State treasurer, and publishes every year a railroad 
map of the State. Salary, 63000. 



344 WISCONSIN 

7- The Insurance Commissioner, who has general super- 
intendence of all insurance companies doing business 
in the State and authority to inquire into their financial 
standing, to require them to report to him such facts as 
he may require, and to see that they obey the State in- 
surance laws. Salary, 13000. 

OFFICERS APPOINTED BY THE GOVERNOR 

8. The Commissioner of Labor, Census, and Industrial 
Statistics, whose duty it is to collect and collate statistics 
relating to the manufactures, industrial classes, and 
material resources of the State, to examine into the 
relations between capital and labor, the means of escape 
from fire, protection of life and health in factories and 
workshops, the educational, sanitary, moral and financial 
condition of laborers and artisans, and other kindred 
subjects. The person appointed by the governor must 
be approved by the senate in order to hold the office. 
Salary, $2000. 

9. The Adjutant-General is the governor's chief of 
staff and inspector-general. He has custody of all the 
military records of the State and acts as State pension 
agent, to assist residents of Wisconsin having claims 
against the United States on account of service in the 
war of the rebellion, in proving their claims. Salary, 
$2000. 

10- The Quarter master-General is commissary-general 
and chief of ordnance. He has charge of all the military 
property of the State, including the battle-flags, brought 
back from the war. 

11. The Superintendent of Public Property has charge of 
the capitol and the public grounds around the same. 
With the advice of the governor, he employs and fixes 



ADMINISTRATIVE 345 

the compensation of all workmen needed to keep the 
Capitol and public grounds in a proper state of cleanli- 
ness and repair. Under the direction and control of 
the governor, he purchases all fuel, furniture, fixtures, 
carpets, gas or other articles or things required for use 
in and about the capitol for State purposes, except 
stationery. He is required by law to advertise for bids 
for furnishing stationery, in two newspapers in each of 
the cities of Madison. Milwaukee and Chicago, and to 
let the contract to the lowest bidder. This station- 
ery is furnished to the legislature, and to the governor 
and other State officers. The superintendent must 
charge himself with all stationery purchased, and ac- 
count for all of it, in the annual report be is required 
to make to the governor. Salary. (2000. 

12. The State Treasury Agent collects State licenses from 
peddlers, traveling showmen, transient merchants and 
others. He is allowed as compensation for bis services 
and the services of his assistants, one fourth of all the 
moneys collected. 

13. The State Supervisor of Inspectors of Illuminating Oils 
is appointed by the governor by and with the advice and 
consent of the senate. The State is divided into fifty- 
two districts with an inspector in each district appointed 
by the supervisor and responsible to him. It is the 
duty of the inspectors to examine and test all illumi- 
nating oils offered for sale in the State and to forbid 
the sale of all oils that do not stand the test. Salary of 
supervisor, two cents on each barrel of oil inspected, but 
not more than 8 3000 altogether. 

14. Dairy and Food Commissioner — The governor, by 
and with the advice and consent of the senate appoints 
a dairy and food commissioner, at a salary of 62500. 



346 WISCONSIN 

The commissioner, with the consent and advice of the 
governor, appoints two assistants, one of whom shall be 
an expert in the matter of dairy products, and the other 
a practical analytical chemist, whose salaries shall not 
exceed $1800 each. It is made the duty of the com- 
missioner to enforce the laws against the adulteration 
of foods, drinks, and drugs, and to inspect any article 
of milk, butter, cheese, lard, syrup, coffee, or tea or 
other article of food, drink,or drug, made or offered for 
sale in the State which he may suspect to be impure, 
unhealthful, or adulterated,or counterfeit, and to cause 
to be prosecuted those manufacturing or selling such 
articles. 

BOARDS. 

Much of the business of the State is done through 
boards. The principal of these are the following : 

15. Trustees of State Library — The justices of the 
Supreme Court and the attorney-general are ex officio 
trustees of the State library. They appoint a librarian 
to take charge of the library under rules and regulations 
prescribed by law. His salary is $2000. 

16. Commissioners of Public Lands — The secretary of 
State, treasurer, and attorney-general are made commis- 
sioners of public lands, by the constitution (121, 122). 
They sell school and university lands, and see that the 
proceeds are kept safely invested. 

17. The Board of Regents of tlie University of Wisconsin 
consists of fifteen members. Two — the State super- 
intendent of education and the president of the univer- 
sity — are members, ex officio. The others are appointed 
by the governor for terms of three years, — one mem- 
ber from each of the ten congressional districts of the 



A DMINIS TRA TIVE 347 

State and two from the State at large. The appointed 
members are classified so that the terms of the members 
of some one class expire every year, and the other two 
classes hold over. The Hoard is intrusted with the 
government of the University of Wisconsin, at Madison. 

18. The Board of Regents of Normal Schools consists of 
eleven members. Two — the governor and the State 
superintendent of education — are members ex officio. The 
others are appointed by the governor, by and with the 
advice and consent of the senate. The term of office is 
three years, and the members are classified in the same 
manner as the members of the Board of Regents of the 
University. This board is intrusted with the govern- 
ment of the normal schools of the State Located at IMatte- 
ville, Whitewater, Oshkosh, River Falls, Milwaukee and 
Stevens Point. The seventh school will be opened at 
West Superior in the city of Superior, in the fall of 
1896. The state treasurer is ex officio, treasurer of both 
these boards. 

19. The State Board of Health and Vital Statistics is com- 
posed of seven members appointed by the governor for 
seven years each. The term of one member expires 
each year. The law directs that this board shall "make 
sanitary investigation and inquiries respecting the 
causes of disease, especially epidemics, the causes of 
mortality and the effects of localities, employments, 
conditions, habits and circumstances, and shall diffuse 
sucli information among the people of the State." The 
board has an advisory relation to all local boards of 
health. 

20. Local Boards of Health — The organization of such 
local boards is made obligatory in every town, village, 
and city in the State. Every practicing physician is 



348 WISCONSIN 

compelled by law to report all cases of contagious dis- 
eases arising in his practice, to his local board. The 
local board must then report the cases to the State 
board. 

21. Quarantine Rules— The State board has charge of 
all matters relating to general quarantine, and has au- 
thority to make rules and regulations for the protection 
of the public health, which it becomes the duty of all 
local and general officers of the State to respect and en- 
force. This machinery is well organized, and makes it- 
self effective in the prevention of disease and the protec- 
tion of the health and lives of the people. 

22. Compensation — The members of the state board 
serve without pay. The secretary receives a salary 
fixed by the board. Members of local boards also 
serve without pay, except that the health officer receives 
a salary fixed by the local authorities. 

23. Annual Appropriation — The State makes an annual 
appropriation of $5,500 to defray the expenses of the 
board. 

24. The Commissioners of Fisheries constitute a board 
consisting of eight members, composed as follows : 

a. The governor while in office. 

b. Six commissioners to be appointed by him, and 
with the consent of the senate. 

c. The professor of zoology in the University of Wis- 
consin, for the time being, shall be, ex officio, a member 
of said commission. The six appointed members hold 
office for six years each, one member going out of office 
each year. 

25. Powers and Duties — The powers and duties of the 
commission are, in part, as follows : 

a. The propagation and breeding of fish. 



A DMINI8TBA TI VK 349 

b. The collection and diffusion of information about 
the propagation and preservation of fish. 

c. The government and control of State hatcheries. 
There are two State hatcheries — one near Madison, for 
the hatching of brook trout, California trout and carp, 
the other at Milwaukee for hatching white-fish and 
wall-eyed pike. The legislature of 189.") provided for 
an additional hatchery to be located in the north half of 
the State, and increased the annual appropriation for 
the support of the work of the commission to 820,000. 
The new hatchery has been located at Bayfield. 

(1. Receiving of spawn and fry from the United States. 

e. The right to take fish at all seasons of the year, 
from all public waters, for artificial propagation. 

f. The preservation of fish and game, through the en- 
forcement of the fish and game laws, and otherwise. 

26. Superintendent of Fisheries — The commissioners 
appoint a superintendent of fisheries at a salary not to 
exceed $2,000. His duties are defined by law. He lias 
charge of the hatcheries and the fish-car used in distrib- 
uting fry. 

27- State Fish and Game Warden — The governor is re- 
quired by law to appoint a State fish and game warden, 
whose term of office shall be two years, and who- 
ary shall be 81,800, and necessary expenses. The State 
fish and game warden shall act as secretary to the com- 
missioners of fisheries. He is clothed with very large 
powers in the enforcement of the fish and game laws, 
and in the confiscation of all nets, snares, traps and 
other contrivances used in the violation of the law. He 
and his deputies have power to execute all warrants 
and processes for the arrest of violators of the law. and 



350 WISCONSIN 

all sheriffs, constables, and police officers are by law re- 
quired to arrest them when called upon to do so. 

28. Deputies — The fish and game warden appoints 
such a number of deputies as the commissioners may 
deem necessary, but not to exceed two in each county. 

29. Wisdom of the Policy of the State — Wisconsin is 
noted for the great number of its lakes, and streams of 
pure cold water. It has long been a favorite resort 
of the angler and the hunter. Thousands of people 
from outside of the State are attracted hither every 
summer. But, great as the fishing interests of the State 
are, from the standpoint of the sportsman, they are still 
greater as a source of food supply for the people. The 
State is very wise in caring for this important interest 
so thoroughly. 

30. The State Board of Control consists of five members 
appointed by the governor and confirmed by the senate. 
The term of office is five years, and one member goes 
out of office each year. The salary is $2,000. 

31. Powers and Duties — This board has control of all 
the State charitable and penal institutions, which are : 

a. The State Hospital for the Insane, near Madison. 

b. The Northern Hospital for the Insane, near Osh- 
kosh. 

c. The State Prison, at Waupun. 

d. The Industrial School for Boys, at Waukesha. 

e. The School for the Deaf and Dumb, at Delavan. 

f. The School for the Blind, at Janesville. 

g. The State School for Dependent Children, at 
Sparta. 

32. School for the Feeble-Minded — The legislature of 
1895 provided for an institution for the care, custody, 
and training of the feeble-minded, epileptic and idiotic 



ADMINISTSA TIVE 351 

to be known as the " Wisconsin Home for Feeble- 
minded." This institution lias been located by the 
board at Chippewa Falls. A liberal appropriation of 
$100,000 has been made for it. 

33. Other Institutions Supervised by the Board — Besides 
the State institutions the board has under its inspection 
4 semi-state institutions, 22 county insane asylums, 68 
jails, 49 poor-houses, 50 private benevolent institutions, 
and 198 police stations and lockups. 

34. The State Board of Pharmacy consists of five mem- 
bers, who must be resident pharmacists, appointed by the 
governor, for terms of five years. The governor is re- 
stricted in the choice of members, to pharmacists 
recommended to him by the Wisconsin Pharmaceutical 
Association. The association recommends three persons 
annually, and any one who lias ever been recommended 
is eligible. 

35. Powers and Duties —This board holds examinations, 
and grants licenses to pharmacists and pharmacists' 
assistants to sell poisons, drugs and medicines, and com- 
pound and dispense prescriptions. All other persons 
are forbidden by law, under heavy penalties, to engage 
in the business. A recent decision in an important 
test case, shows that the courts are disposed to con- 
strue the law prescribing the duties of this board with 
great strictness. 

36. Compensation — The members of the board g< 

a day for all time actually spent in the performance of 
their duties. 

37- The Board of Dental Examiners consists of five 
practicing dentists appointed by the governor for terms 
of five j^ears. The duties of the board are similar to 
those of the State Board of Pharmacy. All persons 



352 WISCONSIN 

practicing dentistry mast be licensed and registered. 
Licenses are obtained through examinations, held by 
the board, or upon diplomas of reputable dental 
colleges, submitted to the board. The members of the 
board are paid by fees collected from candidates ex- 
amined. 

38. The State Board of Examiners for Teachers' State 
Certificates consists of three members appointed annually 
by the State superintendent. It is the duty of the 
board to examine candidates for State certificates. The 
limited State certificate makes the holder a legally qual- 
ified teacher for the term of five years. The unlimited 
qualifies for life. The county superintendent's cer- 
tificate qualifies for the office of county superintendent, 
and is a life certificate to teach. These certificates are 
issued by the State superintendent on the recommenda- 
tion of the board. Holders of diplomas of State normal 
schools, colleges and universities, other than the 
Wisconsin normal schools and the University of 
Wisconsin, may submit their diplomas to the board, 
together with proof of good moral character and success 
in teaching. When it appears to the satisfaction of the 
board that the courses of study of these institutions are 
fully and fairly equivalent to similar courses of the 
Wisconsin State institutions, the diplomas maybe coun- 
tersigned by the State superintendent. Such counter- 
signature makes them unlimited State certificates. 
Holders of the State certificates of other States obtained 
by examination, may, in a similar way, get their cer- 
tificates countersigned. The members of the board get 
$5 a day for time actually spent in their duties. 

39. Admission to the Bar— The State Board of Ex- 
aminers for Admission to the Bar consists of five mem- 



ADMINISTRATIVE 353 

hers appointed annually by the Supreme Court. The 
certificate of the board Licenses the holder to practice in 

the courts of Wisconsin. The members of the board 
are paid $10 a day for time spent in their duties. 

40. The State Board of Deposits consists of the governor, 

the secretary of State, the treasurer, and the attorney- 
general. It is the duty of the board to designate banks 
in which the public funds may be deposited. Should 
any bank fail, the loss of the public money, if there 
is any, falls upon the State. Should any interest be 
paid, it accrues to the State. 

41. State Board of Arbitration — A new board provided 
for by the legislature of 1805 is known as the State 
Board of Arbitration and Conciliation. It consists of 
three members appointed by the governor. One member 
must be an employer of labor, or selected by some as- 
sociation representing employers of labor. One must 
be selected by some labor organization and must not be 
an employer of labor. The third is appointed upon the 
recommendation of the other two, provided they agree. 
If they do not agree, the governor appoints without 
recommendation. 

42. Powers and Duties — Whenever any controversy 
exists between any employer of labor and his employes, 
to the number of twenty-live, or more, and application 
is made by the employer, or by a majority of the em- 
ployes, it becomes the duty of the board to visit the 
locality of the dispute, make careful inquiry into the 
cause thereof, hear all the parties in interest who may 
appear to give testimony, and advise what should be 
done to adjust the dispute. Decisions of the board 

must be in writing, and must be open to the public. 
23 



354 WISCONSIN 

Decisions are binding upon the parties to the dispute 
for six months. 

43. Local Boards — The law creating this board pro- 
vides also for local boards of arbitration with powers 
similar to those of the State board. 

44. Tribunals of Conciliation — The constitution pro- 
vides for " tribunals of conciliation," and says that the 
legislature shall pass laws defining their powers and 
duties (94). This duty the legislature has so far 
failed to perform. It is quite certain that many law- 
suits might be prevented, as well as many strikes and 
lockouts, with their resulting expense, suffering and 
hatred, by a spirit of conciliation in the beginning of 
the trouble. The constitutional provision seems a very 
wise one. 

45. Board of Immigration — The governor, the secre- 
tary of State and three other persons appointed by the 
governor, constitute the Board of Immigration. The 
members serve without pay, but are allowed necessary 
traveling expenses. It is the dut} r of this board 
" to enhance and encourage immigration to this State." 
It has authority to collect and disseminate useful infor- 
mation concerning the climate, soil, product, popula- 
tion, and agricultural, mineral and other resources and 
advantages of the state. An annual appropriation of 
$5,000 is made for the work of the board. 

Chapter XII. — Judiciary. 

1. Impeachments — The provisions of the constitution 
in regard to impeachments and impeachment trials are 
copied from the United States constitution (Y. C. B., 
pp. 105, 106, 115). The framers of the constitution did 



JUDICIARY 355 

not even change the name u house of representatives " 
to "assembly" — a singular piece of careles 

2. Definitions — The terms used in the section on im- 
peachments have been defined in Y. C. B.,pp. 78 and 79. 

3. Who May be Impeached— All the civil officer- of 
the State may be impeached for corrupt conduct in 
office or for crimes and misdemeanors (78). 

4. Assembly Impeaches — Impeachments are made by 
the assembly, but a majority of all the members elected 
must concur (78). 

5. Senate Tries Impeachments — The senate tries all 
impeachments made by the assembly, but the mem- 
bers, when they organize as a court, must take a 
new oath, or affirmation, to try the case impartially and 
to decide according to the evidence. It requires the 
concurrence of two-thirds of the members present to 
convict (78). Upon conviction, the officer is removed 
from office, and may also be disqualified to hold office 
afterwards (78). 

6. Status of Officers Impeached— When the governor or 
a judge is under impeachment, he is suspended from 
office until acquitted (70-78). Under the United 
States, all impeached officers perform the duties of their 
respective offices until convicted. The same rule holds 
in the State with the two exceptions just noted. The 
common presumption is that an accused person is inno- 
cent and that presumption holds until he is proved 
guilty. The people of Wisconsin demand, however, 
that their governors and judges shall be above sus- 
picion. 

7. Who Presides — The lieutenant-governor, being 
president of the senate, presides at impeachment trials, 
except when the governor is on trial (78). He is then 



356 WISCONSIN 

acting governor (70). Besides, he is an interested 
party in such a trial. 

8. Punishment in Certain Cases— Should the offense for 
which the officer is tried be a criminal as well as a 
political offense, he may be indicted, tried, convicted, 
and punished, like any other criminal (78). 

9. Impeachment Trial not a Criminal Prosecution An 

impeachment trial is not a criminal prosecution. Con- 
viction cannot be followed by fine or imprisonment, and 
the party convicted is beyond the reach of the govern- 
or's pardoning power (69). The offense is a political 
offense ; the punishment is a political punishment. 

10. One Case of Impeachment — In 1853, Judge Levi 
Hubbell, of the second judicial district, was impeached. 
After a protracted trial he was acquitted. No other 
case has ever arisen in the State. 

11. Independence of State Judicial System — The State 
has a complete judiciary of its own independent of the 
United States system. The common belief that all cases 
may be appealed from the State Supreme Court to the 
United States Supreme Court is very erroneous. Three 
classes of cases may be so appealed. They are : 

a. Where the validity of a treaty, or statute, or an 
authority exercised under the United States was called 
in question, and the decision of the State Court was 
against its validity. 

h. Where the validity of an authority exercised under 
the laws of the State was called in question, on account 
of its being repugnant to the constitution, or laws of 
the United States and the decision of the State Court 
was in favor of its validity. 

c. Where any United States right, privilege or im- 



JUDICIARY 357 

munity was claimed and the State Court denied the 
right, privilege or immunity. 

In all other cases, the findings of the State Court are 
final, and the Federal Courts have no jurisdiction over 
them whatever. 

CONCURRENT JURISDICTION OF THE STATE AND THE 
UNITED STATES COUBTS 

12. Jurisdiction — In nearly all the cases enumerated in 
Article III., Section 2, Clause 1 (Y. C. P>.. p. 1 L6), of 
the United States constitution, the State Courts have 
jurisdiction concurrent with the United States Courts 
(Act of Congress, March 3, 1875). 

13. Exceptions — The United States statutes enumerate 
the following classes of cases as constituting the excep- 
tions to this concurrent jurisdiction. In these eases the 
Federal jurisdiction is exclusive : 

a. All crimes and offenses against the United S: 

b. All suits for penalties and forfeitures incurred 
under United States law. 

C. All civil causes of admiralty and maritime jurisdic- 
tion. 

d. All seizures under United States laws on land or 
on waters not within admiralty and maritime jurisdiction. 

e. Patent right and copyright cases. 

f. Bankruptcy cases, when there is a United States 
bankruptcy law. 

g. All controversies of a civil nature where a State is 
a party except between a State and its citizens, or be- 
tween a State and citizens of other States, or aliens. 

14. Removal to Federal Courts — Although as we have 
seen, cases, as a rule, are not appealable from the State 
Courts to the Federal Courts, any case, over which the 



858 WISCONSIN 

two classes of courts have concurrent jurisdiction, begun 
in a State court may be removed, before trial, to the 
United States Circuit Court for the proper district. It 
can not be removed from the Federal Court to the State 
Court. The removal may be had on the petition of 
either party to the suit. 

15. Both classes of Courts open to Litigants — This means 
that both the State courts and the United States Courts 
are open to litigants. When both parties consent, the 
case may be settled in the State Court. When the plaint- 
iff begins the suit in the State Court and changes his 
mind, or when the defendant prefers the United States 
Court, the case may be removed and settled there. 
Should the plaintiff begin his suit in the United States 
Court, it must be tried there. 

16. Wide Range of Laws Interpreted: Rules — It will be 
seen that judges of the State courts must often try cases 
arising under the United States constitution and laws, 
and that federal judges must often try cases arising 
under the State constitution and laws. In such cases, 
the state judges must interpret the United States Con- 
stitution and laws as interpreted by the United States 
Supreme Court, if that court has passed upon the ques- 
tion at issue. United States judges in trying cases under 
the State constitution or laws, almost always follow the 
decision of the State Supreme Court if that court has 
passed upon the question at issue. 

17. A Case Supposed — For example, a suit brought in 
a Circuit Court of Wisconsin, by a citizen of Illinois, for 
the recovery of a debt of $5000 or more, upon being 
removed to the United States Circuit Court for the 
proper district, would be tried according to the laws of 
Wisconsin. If judgment should be for the plaintiff, 



JUDICIARY 359 

the defendant citizen of Wisconsin would be entitled 
to all the exemptions from execution granted by the 
statutes of Wisconsin. 

18. Harmonious Relations— In no other department of 
government have the interrelations of State and Federal 
authority been so carefully and perfectly adjusted as in 
the judicial. 

EXCLUSIVE JURISDICTION OF STATIC COURTS 

19. Not all cases Triable in United States Courts — The 
State Courts have jurisdiction exclusive of the Federal 
Courts, of all ciiscs not made triable in the Federal Courts, 
by the United States Constitution (Y. C. B. pp. 1 83, 184, 

198). These cases cover a very wide range, arising as 
they do under the constitution and laws of the State, 
both common and statute, and embracing all the in- 
numerable differences that arise between man and man. 

THE STATE JUDICIAL BYSTEM 

20. The Judicial Power of the State i> vested in (a), 
the Supreme Court, (b) seventeen Circuit Courts, 

(c) two Superior Courts, one in Milwaukee and one in 
Superior, (d) County Courts, one in each county. ( e ) 
Municipal Courts, and (f) Justices* Courts (TO). 

21. The Supreme Court — The Supreme Court is com- 
posed of five justices (81) elected by the people in the 
spring for a term of ten years. The term of one justice 
expires every two years. The justice having been 
longest a continuous member of the Court (or, in the 
case of two or more such senior justices having served for 
the same length of time, then the one whose commission 
first expires), shall be ex officio the chief justice (82). 
The salary is 85000, 



300 WISCONSIN 

22. Jurisdiction— The Supreme Court has appellate 
jurisdiction only, except in suits against the State and in 
issuing original and remedial writs (80) such as habeas 
corpus (Y. C.B., p. 88) mandamus, injunction, quo war- 
ranto, and certiorari. 

23. Names of Writs — These writs are named from the 
words with which they used to begin in the days when 
they were written in Latin. 

24. Mandamus — Mandamus means literally we command. 
It is a written order of a Court commanding certain 
things to be done. It is addressed to those whose duty 
it is to do the things commanded. For example, a pub- 
lic officer might refuse to surrender the books and records 
of his office, to his successor. A proper procedure for 
the newly elected officer to adopt would be to apply for 
a writ of mandamus addressed to his predecessor. The 
writ would put him in possession of the office and all 
the books and papers belonging to it. 

25. Injunction — An injunction is defined to be a writ 
framed according to the circumstances of the case, com- 
manding an act which the court regards as essential to 
justice, or restraining an act which it esteems contrary 
to equity and good conscience (Am. Cyc). A sues B 
and gets judgment against him. B afterwards finds 
among Lis papers a receipt in full for the very debt for 
which A sued him. In such a case the Court would 
enjoin A from executing his judgment, if there were no 
relief for B, in law. Publishers may be enjoined from 
publishing private letters or papers. Holders of prop- 
erty may be enjoined from disposing of it while the 
ownership of it is being determined by judicial pro- 
ceedings. 

26. Certiorari — Certiorari is a writ issued by a higher 



JUDICIARY 361 

court to a lower court, compelling the lower court to 
send up its record of the case in question, tried, or 
pending, in that court. The writ is obtained upon the 
complaint of a party that he lias not obtained justice or 
cannot have a fair trial in the lower court. The higher 
court tries the case according to the facts shown in the 
record sent up. The name comes from the words 
certiorari volwnuswith which the Latin form of the writ 
opens. The words mean we wish to be certified. 

27. duo Warranto — Quo warranto (by what authority) 
is a writ, brought before a proper tribunal, to inquire 
by what warrant a person or a corporation acts, or 
exercises certain powers ( Blackstone). In the case 
supposed under mandamus the newly-elected officer 
might have proceeded against his predecessor by quo 
warranto. In that case his predecessor would have 
been compelled to appear before the court and show by 
what authority he held his office. If unable to show 
his right to the office he would have been ousted. 

28. Powers Defined — " Thai portion of this section em- 
powering the Supreme Court to issue writs, was designed 
to give it original jurisdiction, in all judicial questions 
affecting the sovereignity of the State, its franchises and 
prerogatives, or the liberties of the people " (35 Wis. 
425). The court does not exercise this authority in 
ordinary cases. 

29. Terms of Supreme Court— The Supreme Court meets 
twice a year at Madison in the capitol, during the months 
of January and August. 

30. Qualifications of Judges — Judges of the Supreme 
Court must be at least twenty-live years of age, citizens 
of the United States, and qualified electors within their 
jurisdictions. They receive no fees, and are ineligible 



362 WISCONSIN 

for all offices of public trust except judicial offices 

(88). 

CIKCUIT COURTS 

31. One Judge for each Circuit— There is a judge for 
each circuit, chosen by the people at the spring elec- 
tions (85). 

32. Term— The term of office is six years, beginning 
on the first Monday in January succeeding the election. 

33. Salary— The salary is $3600 with $400 additional 
to defray traveling expenses. 

34. Qualifications — The circuit judges, after their 
election, must reside within their respective jurisdictions, 
and must have all the qualifications of justices of the 
Supreme Court (85, 88). 

35. Eligibility of Judges to Election to Congress — All 
votes cast for a judge of the Supreme, or the Circuit 
Court, by the legislature or the people for any office 
other than a judicial one, are void (88). In spite of 
this provision, the people have in several cases, elected 
circuit judges to the house of representatives, and they 
have always been admitted by that body. Of course, 
they had to resign their judgeships. The United States 
Constitution makes each house the judge of the elections 
returns and qualifications of its own members (Y. C. B., 
p. 107). It also fixes the qualifications for membership 
in each house (Y. C. B., pp. 105, 106). The State cannot 
modify these constitutional requirements. So this part 
of our constitution is void, so far as the offices of United 
States Senator or Representative are concerned. 

36. Jurisdiction — The Circuit Courts have original 
jurisdiction in all matters civil and criminal, within the 
State, not excepted in the constitution and not pro- 



JUDICIARY 363 

hibited by law. They have appellate jurisdiction and 
supervisory control, over all the inferior courts of the 
State. They have power to issue all the original and 
remedial writs which the Supreme Court has power to 
issue (86). 

37. Terms — The terms of the Circuit Court are held at 
the county seats of the different counties. There must 
be two terms a year in each county, and there may be 
more. 

38. Judges may Hold Court for Each Other — It may Imp- 
pen that a judge is an interested party in a suit entered 
for trial in his court, or he may be sick at term time. 
For these, and similar reasons, judges may hold court 
for each other (89). 

39. Removal by Address— We have seen that judges 
may be removed from ofhee by impeachment. They 
may also be removed by address of both houses of the 
legislature, but two-thirds of all the members elected to 
each house must concur. The judge must be served 
with a copy of the charges against him, and must be 
given the right to defend himself. On the question of 
removal, the ayes and noes must be entered on the 
journal (91). This is a summary way of removing a 
bad judge. 

40. Address made to Governor — The address is made 
to the governor. On the receipt of the address, the 
governor removes the judge and appoints some one in 
his place to hold the office until his successor is elected 
and qualified (87). 

SUPERIOR COURTS 

41. Superior Court of Milwaukee County — Superior 
courts have been established in Milwaukee and West 



364 WISCONSIN 

Superior, for the counties of Milwaukee and Douglas. 
The Superior Court of Milwaukee county " shall exercise 
powers and jurisdiction in all civil actions and proceed- 
ings in law and equity," with some important excep- 
tions, concurrent with and equal to the jurisdiction of 
the Circuit Court for that county. 

42. Superior Court of Douglas County — The Superior 
Court of Douglas county has powers and jurisdiction 
concurrent with the Circuit Court of Douglas county in 
both criminal and civil matters, with some exceptions 
and limitations. 

43. Authority for these Courts : Powers — The authority 
for the creation of these courts is found in the constitu- 
tion (79). 

COUNTY COURTS 

44. Authority for County Courts : Powers — The consti- 
tution provided for courts of probate in each county, 
but it gave the legislature power to abolish these courts 
and to confer probate powers upon such inferior courts 
as may be established in each county (92 and 79). The 
legislature has exercised this power. It has created 
county courts and conferred all probate powers upon 
them. The county courts have been spoken of in Chap- 
ter VIII. 

MUNICIPAL COURTS 

45. Municipal Courts : Powers — There are municipal 
courts in Milwaukee, Madison, Oshkosh, Eau Claire, 
and many of the other important cities of the State. 
They are created by the legislature in accordance with 
powers conferred by the constitution (79). The num- 
ber of these courts is rapidly increasing, no fewer than 



FINANCE 365 

five having been created by the legislature of 1895. 
Many of them have jurisdiction co-extensive with the 
counties in which they are situated. The constitutional 
limit of their jurisdiction in their municipalities is the 
jurisdiction of the Circuit Courts in their respective cir- 
cuits (79). Within this limit the powers of these courts 
vary widely. They are determined in each case by •the 
act of the legislature creating them. 

justices' courts 

46. Powers — Justices' courts are provided for in 
towns, incorporated villages and cities. The powers 
and duties of justices of the peace have already been 
mentioned in Chapter IX. 

Chapter XIII. — Finance 

1. Property Taxable : Uniform Taxation — The constitu- 
tion authorizes the legislature to prescribe what prop- 
erty shall be taxed, and provides that the rule of taxa- 
tion shall be uniform (102). The instructions to as- 
sessors are uniform throughout the State, and town, 
county, and State boards of equalization are provided 
for by law. By these means substantial uniformity is 
secured. This means that the rate of taxation for State 
taxes shall be uniform throughout the State, and that 
the rate for county, city, town and school district taxes 
shall be uniform in the county, city, town, or school 
district. It does not mean that the rate shall be the 
same for purposes of local taxation in any two counties, 
cities, towns, or school districts. The fact is, that the 
rate of local taxation differs very widely in different 
places. 



366 WISCONSIN 

2. No Moneys Paid out except in Pursuance of an Appro- 
priation — The State treasurer is forbidden to pay out 
any money except in pursuance of an appropriation by 
law. 

3. Limits for Claims— The legislature is forbidden to 
make any appropriation for the payment of claims 
against the State unless they are filed within six years 
after they accrue. Claims of the United States and 
judgments against the State are excepted (103). 

4. Secretary of State Auditor — The secretary of State is, 
ex officio, auditor. He requires the claimant in pre- 
senting his claim to state the legislative provision 
authorizing its payment. 

5. State Credit— The credit of the State shall never be 
given or loaned in aid of any individual, association, or 
corporation (104). This is a limitation upon the State. 
It does not deprive the legislature of power to authorize 
municipalities to contract debts. There is no such lim- 
itation as this upon the power of the United States. 
Experience has proved that the policy of the State in 
this respect, is wiser than the policy of the United 
States. 

6. Restrictions upon the Power of Incurring Debt The 

State is forbidden to contract any public debt, except to 
the extent of one hundred thousand dollars, to defray 
extraordinary expenditures (107). It may also borrow 
money to pay the expenses of a defensive war to sup- 
press insurrection. (108). 

7. Expenses, how met — The estimated expenses of each 
year must be met by a State tax for that year. If, for 
any cause, the expenses exceed the income, the deficit 
must be made up the following year (106). 

8. Specific Restrictions. — The State is expressly forbid- 



TRUST FUNDS 367 

den to incur any debt for works of internal improve- 
ment, or even to be a party in carrying on such works. 
It may act as trustee and carry on works of internal 
improvement, for which a grant of lands, or other prop- 
erty lias been made to it, and may anticipate the reve- 
nues therefrom (111). The Supreme Court has held this 
prohibition to be absolute. A judgment against the 
State for services in defending agents of the State ap- 
pointed by it to protect lands granted to it, to aid in 
the construction of railroads is declared to be a debt 
within the meaning of this section. 

9. State Credit — No State in the Union lias better cred- 
it or higher financial standing than Wisconsin. The 
State debt is in the form of certificates of indebtedness 
to the trust funds. It amounted to $2,251,000. Sept. 
30, 1894. This indebtedness means, simply, that the 
State lias borrowed the sum named from the trust funds 
and pays interest upon it. In this way the funds are 
safely invested, and the interest is available for the sup- 
port of the objects for which the funds were created. 

Chapter XIV. — Trust Funds 

The principal trust funds of the State are 
1. The School Fund — This fund is composed of: (a) 
The five hundred thousand acres of land given by con- 
gress in aid of the Rock River canal, and, afterwards, 
by the consent of congress, transferred to this fund ; 
(b) section sixteen in each township ; (e) all moneys ac- 
cruing to the State by forfeiture and escheat ; (d) all 
penalties for trespass on school lands ; (e) all unspecified 
grants to the State ; (f ) all fines collected in the several 
counties for breach of penal laws ; (g) all moneys paid 



368 WISCONSIN 

as an exemption from military duty ; (h) five per cent, 
of the net proceeds of sales of United States public lands. 

2. Amount—This fund, Sept. 30, 1894, amounted to 
$3,418,760.25 with 47,381.47 acres of land still unsold. 

3. How Invested—This fund is kept invested (121) 
and the interest and all other revenues derived from it 
are devoted to the support and maintenance of com- 
mon schools in each school district, and the purchase 
of suitable libraries and apparatus therefor (116). 
The residue shall be appropriated to the support and 
maintenance of academies and normal schools, and suit- 
able libraries and apparatus therefor (116). 

4. The Mill Tax — In order to equalize more perfectly 
the burden of supporting the common schools, the 
legislature of 1885 provided for an annual State tax of 
one mill on the dollar. 

5. Income and Proceeds of Mill Tax — The income from 
the proceeds of the mill tax, and the interest from the 
invested fund, together, aggregated 1862,716.40 for the 
fiscal year ending Sept. 30, 1894. 

6. Income How Distributed — The amount of school fund 
income and mill tax in the hands of the State treasurer 
on the first day of June, is annually certified to the 
State superintendent. The State superintendent then 
distributes the money among the several towns and 
cities of the State, for the support of common schools 
therein, in just proportion to the number of children of 
school age resident therein (119). In order to share in 
this money each town and city must raise by local taxa- 
tion annually, a sum equal to its share of the State 
school moneys, and each school district must maintain a 
school for at least six months (118,119 and Sec. 554, An. 
Stat). 



TRUST FUNDS 369 

7. Local Taxation for Schools — The principal school tax 
is raised in eacli district by local taxation. 

8. Township Library Law — By recent legislation the 
town treasurer of each town is required to withhold 
annually from the State school moneys in his hands, the 
sum of ten cents for each child of school age in his 
town. The town clerk, then, with the advice of the 
county superintendent, expends the money thus with- 
held in purchasing books for a township library, from 
a printed list prepared by the State superintendent The 
books are then distributed among the several school 
districts of the town. From time to time they are col- 
lected and re-distributed. The township library law, as 
it is called, is working admirably. It is hoped that 
soon the very best literature will be accessible to every 
child in the State. By this act the legislature lias used, 
for the first time, its constitutional authority to apply 
a part of the income of the school fund for the support 
of school libraries (11 H). 

9. Academies and Normal Schools not Supported by this 
Income — No part of the income is used for the support 
of academies or normal schools. 

NORMAL SCHOOL FUND 

10. Origin of Fund — By Act of Congress approved 
Sept. 28, 1850, the United States granted to the State 
all swamp and overflowed public lands within its 
boundaries. The State has divided the proceeds of the 
sales of these lands equally into two funds, called the 
drainage fund and the normal school fund. The drain- 
age fund is expended in draining and reclaiming the 
swamp lands and in constructing roads and bridges over 
them. 

24 



370 WISCONSIN 

11. Normal School Fund — The normal school fund is 
not expended. On Sept. 30, 1894, it amounted to 
11,827,447.46, with 211,911.91, acres of land unsold. 
Like the school fund, it is kept invested by the school- 
land commissioners, and the interest is available for the 
support of the normal schools under the administration 
of the Board of Regents (p.147). The legislature of 1895 
made a permanent annual appropriation of a tax of one- 
fifth of a mill on each dollar of taxable property in the 
State. The total income for the year ending Sept. 30, 
1894, was 1162,131.08. 

UNIVERSITY FUND 

12. Origin of Fund— The University of Wisconsin is 
provided for in the constitution. The proceeds of all 
lands granted to the State by the United States for 
University purposes form a perpetual fund known as the 
"University Fund" (120). 

13. State Tax—By chap. 300, laws of 1883, an annual 
State tax of one-eighth of one mill on the dollar, is pro- 
vided for, and by chap. 241 laws of 1895 a similar ad- 
ditional tax of one-tenth of a mill is levied. 

14. Amount of Fund— On Sept. 30, 1894, the fund 
amounted to $230,663, with 937.4 acres of land unsold. 

15. Amount of Income — The income of the fund, in- 
cluding the proceeds of the permanent State tax, and 
some large special appropriations for building purposes 
and the purchase of real estate, amounted to 1470,073,72 
for the year ending Sept. 30, 1894. 

AGRICULTURAL COLLEGE FUND 

16. Origin — By Act of Congress approved July 2, 
1862, two hundred and forty thousand acres of land were 
granted by the United States, to the State, for the pur- 



EDUCATION 371 

pose of supporting an institution of learning, " where 
shall be taught the principles of agriculture and me- 
chanic arts." The University of Wisconsin undertook 
the trust of maintaining such a school, and the College 
of Agriculture is now one of the colleges of the Uni- 
versity. 

17, Amount of Fund— Sept. 30, 1894, this fund 
amounted to 1302,355.72 with 243.07 acres of land un- 
sold. 

18. Amount of Income — The income for the year end- 
ing on that date was #27,828.96. 



Chapter XV. Education. 

1. District Schools — The Constitution directs the 
legislature to provide hy law for the establishment of 
district schools. These schools must be free to all 
children between the ages of four and twenty, and no 
sectarian instruction shall be allowed therein (117 ). 

2. District System— There are about a thousand 
organized towns in the State. These towns have been 
divided into school districts, and the people of each 
district control their own school subject to the 
general laws of the State. Annually, on the fust 
Monday of July, the people of the district meet to elect 
officers and legislate in school matters for the coming- 
year. Women as well as men are allowed to vote. 

3. District Board — The district board consists of three 
members, director, treasurer and clerk, elected for three 
years, one member going out of office each year. The 
board engages legally qualified teachers, selects text- 
books, makes rules and regulations for the government 



372 WISCONSIN 

of the school, and has general control of the school, and 
the district property. 

4. Branches Taught in the Schools — The branches that 
must be taught are prescribed by law — reading, orthoepy, 
writing, spelling, grammar, arithmetic, geography, 
Constitution of the United States, Constitution of the 
State, and physiology and hygiene with reference to the 
effects of stimulants and narcotics on the human system. 
Such other branches may be added as the school board 
may determine. 

5. Township System— Any town may adopt the town- 
ship system, that is, the system in which all the schools 
of the town are under one town board. A few towns 
are so organized for school purposes. There is a good 
deal of public sentiment in favor of making this per- 
missory law compulsory and the legislature of 1895 has 
taken steps to secure information as to the advisability 
of effecting that end. 

GRADED SCHOOLS AND HIGH SCHOOLS 

6. Two Classes of Free High Schools — In the cities and 
villages there are systems of graded schools, and free 
high schools. The free high schools, however, are of 
two classes : first, those in country places, where there 
are no graded schools, and second, those in larger places 
where there are graded schools. 

7. State Allowance — The State makes an annual appro- 
priation of $25,000 for the support of each of these 
classes of schools. 

8. How Controlled — The law passed to encourage the 
organization of free high schools in country places has 
proved an almost total failure. Those in connection 
with graded schools are very flourishing and in high 



EDUCATION 373 

popular favor. They are controlled, usually, by boards 
of education and city superintendents. 

9. High School Inspector — These schools are under the 
official inspection of a state officer, called the Inspector 
of Free High Schools. The inspector is appointed by 
the State superintendent and is really one of his assist- 
ants. 

10. Courses of Study— The courses of study must be 
approved by the State superintendent. In most of the 
schools the courses are four years long. 

11. Principals and Assistants — Principals of free high 
schools having four-year courses, must hold the un- 
limited state certificate, or some equivalent qualification. 
Assistants must have their certificates approved by the 
State superintendent. 

12. Accredited Schools — The University of Wisconsin 
and the State Normal Schools have regulations, under 
which high school graduates may be permitted to enter 
these higher institutions without entrance examinations. 
No schools are accredited, until it lias been shown to 
the satisfaction of the university or normal school 
authorities, that they are doing thorough work. 

13. Privileges of Graduates— Free high school diplomas 
from four-year courses may be countersigned by the 
county superintendent after the holder lias taught in 
the public schools, successfully, on a first grade County 
certificate for one year. This counter-signature makes 
the diploma a first-grade certificate. 

14. Other High Schools — There are a few high schools 
in the largest places, — Milwaukee, La Crosse, Superior, 
and a few others, — that do not participate in the State 
aid and are not under the supervision of the State 
inspector. 



374 WISCONSIN 

NORMAL SCHOOLS 

15. Special Function — The Normal Schools have 
already been mentioned. Their special function is to 
fit young men and women for the work of teaching in 
the public schools of the State. 

16. Two Courses : Elementary Course — They have two 
courses, — 1st an elementary course of two and a half 
years. Those who complete this course receive a 
certificate, qualifying them to teach in the public 
schools of the State for one year. After one year's 
successful teaching, the certificate may be countersigned 
by the state superintendent. This countersignature 
makes the certificate a State certificate for five years. 
The school at Milwaukee does not have this course. 

17. Advanced Course — 2d. An advanced course of two 
additional years. Those completing this course receive a 
diploma, qualifying them to teach in the public schools 
of the State for one year. After one year's successful 
teaching the diploma may be countersigned by the State 
superintendent with the effect of making it a State 
certificate for life. 

18. Prosperity of these Schools — These schools are all in 
very flourishing condition. The number of persons 
graduating is yearly increasing, and the services of the 
graduates are in great demand in the public-school 
service. 

19. Institute Conductors — At each of these schools there 
is one teacher known as the institute conductor, whose 
business it is to hold institutes, for the instruction of 
teachers, under the direction of the Board of Regents 
of Normal Schools. Besides these conductors, many 
other persons are annually employed in this service. 
The amount spent is about $8000 annually. 



EDUCATION 375 

UNIVERSITY OF WISCONSIN 

20- Growth : Location : Buildings : Equipments — The 
University of Wisconsin lias been growing very rapidly. 
It is beautifully located on the banks of Lake Mendota, 
in the city of Madison. It has fine, commodious 
modern buildings well adapted to its purposes. It is 
unusually well supplied with libraries, gymnasiums, 
laboratories, and museums. 

21. Faculty — It lias about a hundred professors, and 
instructors, and over fifteen hundred students. 

22. Organization — It is organized into : — 

a. The College of Letters and Science. 

b. The College of Mechanics and Engineering. 

c. The College of Agriculture. 

d. The College of Law. 

e. The School of Pharmacy. 

f. The School of Economies, Political Science and 
History. 

g. The Summer School. 
h. The School of Music. 

i. The University Extension Department. 

23. Original Research— Two departments are devoted 
almost exclusively to original research, the Washburn 
Observatory, and the Agricultural Station. A great 
amount of original work is done in other departments. 

24. Institute Lectures — One of the prof essors— the pro- 
fessor of pedagogy — is employed during the teachers' 
institute season, in lecturing at these gatherings. 

25. University Extension — The University Extension 
Department brings many of the benefits of the University 
to the people of the State. 

26. Farmers' Institutes — Under the charge of the Uni- 



376 WISCONSIN 

versity, there is a very flourishing system of farmers 1 
institutes. The work is under the direction of a super- 
intendent. He is aided by conductors specialists in the 
various branches of farming. 

INSTITUTIONS NOT UNDER STATE CONTROL 

27. Private Institutions — Besides the State institutions 
there are many others in the State, supported mostly by 
the various churches, Beloit College, Ripon College, 
Milton College, and Lawrence University, St. Clara's 
Academ}', German-English Academy, Milwaukee Acad- 
emy and Downer College, Wayland Academy, North- 
western University and many other institutions that 
might be mentioned, are doing good work for the youth 
of the State, and well deserve the high reputation they 
enjoy. 



INDEX 



TO WISCONSIN SUPPLEMENT 



[For general index to the book. see page 287.] 



PAGE. 

Academies 314. 860 

Address, removal of Judges by, 

810, 868 

Adjustment of legislature 808 

Administrative, («ee Chapter XI.), 

807, 848 

Adjutant-Genera) 344 

Attorney-General 343 

Commissioner of Labor 844 

Dairy and Pood Commissioner. 846 
Insurance Commissioner 848 

guartermaster-General 84 1 
ailroad Commissioner 848 

Secretary of State.... 807, 808, 848 

Stale Superintendent 848 

Bupt. of Public Property 844 

Supervisor of inspectors of Il- 
luminating oils 846 

Treasurer 848 

Treasury Agent 345 

(See Boards) 848 

Alienation 828 

Aliens 800 

Allodial lands 3(H), 823 

Almighty God 299, 819 

Amendments (to constitution) — 816 
American system of government. 897 

Annual school meeting 886, 871 

Appeals to U. S. Supreme Court. . 866 

Apportionments 303, 881 

Appropriations 886 

Assembly 808, 880 

No. of members 880 

Assessor 340 

Auditor, (Secretary of State) 30(3 

Bail 299 

Ballots 302, 329 

sample 880 

Bets, in elections 302 

Betters, on election 32S 

Bills 333 

become laws, how 307, 342 

of at tainder 300 

Boards 346 

Arbitration 353, 354 

Commissioners of Fisheries... 348 



TAOE. 

Boards : 

Commissioners of Public 

Lands 311. 848 

Control 860 

Dental Examiners 

Deposits 

uniners for Admission to 

Bar 35-..' 

miners for Teachers 1 state 

Certificates 

Health and Vital statistics... 847 

Immigration 

Pharmacy 861 

Regents of Normal Schools... 347 

nts of the University 340 

Review of Assessments 34<i 

town 340 

count v 34o 

State.* 840, 841 

Supervisors, town 340 

Trustees of state Library. . 

Booths, election 

Boundaries, state 801, 825 

changes in. proposed 385 

assembly districts 808 

Bribery.....*..: SOS 

Bribes, at elections 328 

British ~ h .h; 

Capita] crimes 323 

Census 303. 380 

Certiorari, writ of 860 

Charitable institutions 350 

(See institutions. State) 360 

Chief Justice 359 

Chinamen 887 

Circuit Courts 308 

clerks of 310 

eligibility of judges to Con- 
gress 802 

jurisdiction 309. 302 

number 309, 359 

qualifications of judges.. 310, 302 
removal of judges bv address. 

310. 303 

salaries of judges 310. 302 

terms of 310, 363 

377 



378 



INDEX 



PAGE. 

Circuit Courts : 

terms of judges 362 | 

Cities, classes of 335 

charters of 396 j 

registration of voters in 328 j 

Commissioners, (see Administra- 
tive, also Boards) 343, 346 j 

Commander-in-Chief of army and 

navy 306 

Compensation, of members of leg- 
islature 304 , 

Conciliation, tribunals of 311, 354 

Constables 341 

Constitution 299 

Conventions, constitutional 316 

Corporations 315 

County boards, powers of 305, 333 

County courts 339, 364 

County government (see Chapter 

VIII.) 305, 334, 337 

County officers 337 

clerk 337, 338 

clerk of court 339 

coroner 337 

court commissioners 339 

district attorney 337', 338 

judges .. 339 

register of deeds 337, 338 

school superintendent 337, 338 

sheriff 337 

surveyor 337, 338 

treasurer 337, 338 

Credit, State 366 

Dairy and Food Commissioner. .. 345 

Debate, freedom of 304 

Debt, State, limit of 312, 366 

municipal, limit of 315 

Declaration of rights 299, 319 

District boards 371 

District schools 314, 371 

Division of counties 317 

Divorce 305 

Duelists, cannot vote 317, 328 

Education, (see Chapter XV . ) 371 

district schools 371 

high schools 372, 373 

institutions not under State 

control 372, 373 

normal schools 374 

University of Wisconsin 375 

Eligibility, to legislature 303, 304 

Eminent domain 313 

Entails 323 

Equalization, (see Boards of Re- 
view) 840 

Executive, (see Chapter X.) 371 

Exemptions from execution.. 300, 324 

Ex post facto laws 300 

Expulsion of members of the legis- 
lature 303, 332 

Farming lands 324 

Farmers' institutes 375 

Felons 838 

Feudal tenures 300, 323 



PAGE. 

Field of State authority 321 

Field of U. S. authority 321 

Finance, (.see Chapter XIII.) 365 

Fish and Game Warden 349 

Fish hatcheries 349 

Foreigners 296, 297 

Foreigners, privileges of 327 

Freedom, of speech 299, 320 

of debate 304 

of the press 320 

of religion 320 

French 297 

Fund, school 313, 367, 368 

income of 314, 368 

(See Trust Funds) 367 

General election 303 

Germans 296 

Gerrymanders 331 

Governor 306 

commander-in-chief 306, 342 

elected, how 341 

impeachment of 307 

message 306, 341 

pardons and reprieves — 306, 342 
powers and duties. . . 306, 341, 342 

qualifications 306, 341 

salary 306, 342 

( ! raded schools 372 

Grand Jury 323 

Habeas corpus 300, 320 

High schools 373 

assistants in 373 

graduates 373 

inspector of 373 

principals of 373 

Impeachments 308, 354 

punishment on conviction 356 

status of officers impeached.. 355 

trials 308, 355 

Imprisonment for debt 300 

Indians 302 

Injunction, writ of 360 

Insane, cannot vote 328 

Institutions, State 350 

Hospital for the Insane, North- 
ern 350 

Hospital for the Insane, State. 350 

Industrial School for Boys 350 

School for Blind 350 

School for Deaf and Dumb. ... 350 
School for Dependent Children 350 

School for Feeble-Minded 350 

State Prison 350 

Institutes : 

Teachers' 374 

Farmers' 375 

Institutions not under State con- 
trol 351, 376 

Insurance Commissioner 344 

Irish 296 

Italians 297 

Journal 304 

Judges 310, 359, 361, 362 



INDEX 



379 



PAGE. 

Judiciary, State, (see Chapter 

XII.) 354 

cases not triable in State 

courts 357 

concurrent jurisdiction with 

Federal courts 357 

exclusive jurisdiction 860 

independence of 356 

removal of cases to Federal 

courts 357 

system of courts 359 

(Scr supreme court, circuit 
courts, superior courts, 
municipal courts, county 
courts, Justices 1 courts). 

Justices' courts 305 

Justices of the peace 808, 841 

election of 311 

Kentuckians 2% 

Land, allodial 323 

terming 324 

taxation of 325 

Land titles 8S0 

Larceny 808 

Lead regions BB6 

Leases 300 

Legislative power of State, (sea 

Chapter VII. ) 880, 886 

Legislature, elective officers of . . . 317 

sources of power of 886 

Libel an 

Libraries, school 814 

Lieutenant-governor 306, 841, 342 

fills vacancy in office of gov- 
ernor 307 

president of senate 307 

salary 307 

Lottery 305 

Majority 303 

Mandamus, writ of 860 

Meeting of legislature 804, 333 

Mileage 304 

Militia, (see National Guard), 

305, 884, 886 

Milwaukee 886 

Mill tax 80S 

Municipal courts 308, 364 

National Guard 334 

New England 296 

New York 296 

Normal schools 314, 374 

countersignature of certifi- 
cates and diplomas 374 

courses 374 

teachers 1 institutes 374 

Oath of office 305, 334 

Obligation of contract 300 

Office-holding, who are eligible... 317 

Ordinance of 1787 896, 319 

Paupers 329 

Pensions 844 



PAGE. 

Petition 299, 320 

Poles 297 

Population 295 

Powers of separate houses of the 

legislature 80S, 332 

Preamble 299, 319 

Primogeniture 323 

Printing 305 

Prisons 350 

Private laws 305, 335 

Privileges of members of legisla- 
ture 304, 888 

Probate courts 30W 

judges 3io 

Publication of statute laws 311 

Punishments, cruel and unusual.. 320 

Qualifications of voters, (see Chap- 
ter VI. ) 325 

Quarantine 34H 

Quartermaster-general 344 

Quorum 80S, 888 

Quo warranto, writ of 301 

Railroad Commissiooer 343 

Rank of Wisconsin 8K 

Registration of voids 32* 

Religion 800, 32o 

Residents 300 

Residence 302 

Resources of Wisconsin H6 

Revision of statutes 311 

Rights of accused persons... 899, 300 

Rules ,»f houses of legislature. 3o3. 332 

Salary, of members of legislature. 888 
(Sic the various offid 

Scandinavians 297 

School for Blind 860 

for Deaf and Dumb 860 

for Dependent Children 860 

for Feeble-Minded 860 

School board, district 87] 

School fund 313. 307 

School lands 325 

School system 371. 376 

School Superintendent. State 

State Superintendent)... 313. 343 
County, (see County Superin- 
tendent ). 

Seal, State 317 

Searches and seizures 300. 320 

Secretary of State 307, 808, 848 

Sectarian instruction 314 

Senate 303. 330. 332. 883 

number of members 330 

qualifications of members 888 

salary of members 332 

term of member 332 

Sheriffs 308, 337 

Slavery 299, 319 

1 Special elections 333 

, Special legislation 305. 335 

Special sessions of the legislature. 304 

State, powers of 822 

State prison 850 

I State Superintendent 818, 843 



380 



INDEX 



PAGE 

State University. (See University 
of Wisconsin.) 

Stationery 304, 305, 345 

Style of laws 304 

Subordination of military power. . 3:20 
Suffrage, (see Chapter XI.)... 3052, 325 

Suitors, rights of 311 

Suits against the State 305, 334 

Superior Courts 363 

for Milwaukee 363 

for Douglas county 364 

powers 363, 364 

Superintendent of Public Prop- 
erty 344 

Supremacy of United States 321 

Supreme Court 308, 359 

clerk of 310 

jurisdiction of 309, 360 

justices of 309, 359 

qualifications of justices. . 310, 361 
removal of justices, by ad- 
dress 310 

terms of 361 

terms of justices 310, 359 

salary of justices 310, 359 I 

Swiss 397 



Taxation, uniform 312, 

Tax on suits 

Teachers' certificates. 373, 

Teachers 1 institutes 

Testimony, how taken 

Town government, (see Chapter 
IX.) 305, 333, 



board of review 

board of supervisors 

clerk 

constables 

justices of the peace 

treasurer 

Township library 

Township system of schools 

Traitors 

Treason 300, 

Treasurer, State 307, 



343 



_ PAGE 

Treasury agent 345 

Trials by jury 299, 320 

Tribunals of conciliation 311 

Trust funds, (see Chapter XIV.). . 367 

agricultural college 370, 371 

normal school 369, 370 

school 367, 368 

University 314, 3 70 

University of Wisconsin 375 

colleges of 375 

extension lectures 375 

farmers' institutes 375 

institute lectures 375 

Vacancies in legislature 304, 333 

in supreme or circuit courts, 

310, 317 

Veto 307 

Voters 325 

in other States 327 

registration of 328 

Voting, manner of 329 

Wagers, election 302 

Warden, Fish and Game 349 

Wilson, Woodrow 322 

Wisconsin : 

boundaries 295, 325 

character of population 296 

history 295 

population 295 

resources 295 

Women, may vote at school meet- 
ings 326 

Writs of certiorari 360 

of error 301 

of election 304 

of injunction 360 

of mandamus 360 

of quo warranto 361 

style of 311 

Yeas and Nays 304 

Year, political 316 



